Digital Commons Network^™

Priorities In Public Health Law: A Practice-Based Analysis Of Trends In The Legal Needs Of Public Health Professionals, Caty Schmitter, Jennifer A. Bernstein

Annals of Health Law and Life Sciences

No abstract provided.

I'M Not Quite Dead Yet -- And Other Health Care Observations, Einer Elhauge

Tulsa Law Review

No abstract provided.

Squashing The Superbugs: A Proposed Multifaceted Approach To Combatting Antibiotic-Resistant Bacteria , Lauren Orrico

Journal of Law and Health

Section II of this Note will provide background on the practices of the United States farming system, which fosters the creation of antibiotic-resistant bacteria. This section will also provide background on the detrimental effects that antibiotic resistance has on human health and will briefly describe the legal history of food and drug regulations. After establishing an informational foundation, Part III will elaborate on current laws and describe the legal authority of key players, before pointing out the shortcomings in current animal feed policy and recommending the development of further regulation in this area. Additionally, Part III will propose new legislation …

Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law, Ann Cammett

Publications and Research

No abstract provided.

Remedies For Foreign Citizens Subjected To Outsourced Pollution: A Case Study Of American Big Oil In The Ecuadorian Amazon, Ava Azad

Florida A & M University Law Review

The term “globalization” generally carries a positive connotation, invoking images of progress and international unity. “Technology” similarly enjoys a reputation of enabling human advancement and improving sustenance, shelter, education, and overall quality of life. Both promote the development of the other and their success has become intertwined. Development of the oil industry is one newsworthy example of the coming together of technology and globalization as nations rush to discover, extract, and refine oil wherever possible and sell the fuel to their own citizens or export it to other nations. Oil is also an example of dangers generally not associated with …

Chapter 231: Putting Swap Meet Animal Vendors In The Dog House: Regulating The Sale Of Animals At Swap Meets, Robert Binning

McGeorge Law Review

No abstract provided.

Realizing Value And Creating Protection: A Practical Approach To Monetizing The Value Of A Racehorse While Retaining Control Over Future Interests, Brad Butler

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Shackling Of Incarcerated Pregnant Women: A Human Rights Violation Committed Regularly In The United States, University Of Chicago Law School - Global Human Rights Clinic, Chicago Legal Advocacy For Incarcerated Mothers, Aclu National Prison Project

Global Human Rights Clinic

The international human rights community has repeatedly expressed concern about the shackling of pregnant women deprived of their liberty in the United States. The federal government has adopted an anti-shackling policy and some states have passed laws or policies restricting shackling. Despite these positive developments, shackling of women prisoners continues to occur in violation of U.S. and international law.

Shackling pregnant women increases the substantial medical risks of childbirth. Shackling of pregnant women is a harmful, painful, and demeaning practice that is rarely necessary to preserve safety. Most female prisoners are non-violent offenders, and women who are pregnant, in labor, …

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

Sturm College of Law: Faculty Scholarship

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 transgressive actions that people living in urban and suburban communities are undertaking to …

Gel, Acrylic, Or Shellac: The Impact Of Southeast And East Asian Immigrant Nail Salon Workers On The Health Care System, Kelsey-Anne Fung

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Hyperregulatory State: Women, Race, Poverty And Support, Wendy A. Bach

Scholarly Works

Vulnerability and dependency theory offers a rich and promising vision for those who seek to conceptualize and build a more responsive state. In theorizing a road to a supportive state, however, what would it mean to take up the challenge of intersectionality? What would it mean to center the analysis around key aspects of the relationship between legal institutions and the poor, disproportionately women and families of color who have no choice but to avail themselves of what remains of a shredded social safety net? The Hyperregulatory State argues that, for women who have no choice but to avail themselves …

Controlled Substances Chaos: The Department Of Justice’S New Policy Position On Marijuana And What It Means For Industrial Hemp Farming In North Dakota, Thaddeus E. Swanson

North Dakota Law Review

No abstract provided.

International Court Of Justice, The State Of Amalea, The Republic Of Ritania

ILSA Journal of International & Comparative Law

On behalf of Amalea ("the Applicant") and the Republic of Ritania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honour to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning Certain Activities within the Malachi Gap, signed in The Hague, The Netherlands, on the seventeenth day of September in the year two thousand thirteen.

Diminished Returns: The Exorbitance Of Collecting Dna From All Arrestees, Carlos Jordi

St. Thomas Law Review

This comment will examine the effects of a criminal justice system where DNA is collected from everyone who is arrested, regardless of the seriousness of the charge. Part L.A will begin with an analysis of King to provide an understanding of how the Supreme Court decision may permit states to collect DNA from all arrestees. DNA is used in the criminal justice system because of its ability to effectively identify people. Part I.B discusses DNA science and provides a cursory understanding of how information is gathered from an individual's genetic code. Part I.C displays how law enforcement uses DNA for …

Drowning In Disclosure: The Overburdening Of The Securities & Exchange Commission, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

The belief that mandatory disclosure requirements enhance the efficiency of the United States capital markets and protect investors therein is a touchstone of federal securities regulation. During the 1932 presidential campaign, Franklin Delano Roosevelt promised to enact federal legislation to protect investors by mandating disclosure, drawing on the views of Louis Brandeis who famously stated, "publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." The fruit of those promises was the Securities Act of 1933, which requires companies issuing public securities to …

Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad

Sturm College of Law: Faculty Scholarship

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous …

Short-Stay, Under Observation, Or Inpatient Admission?—How Cms’ Two Midnight Rule Creates More Confusion & Concern, Rachel A. Polzin

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Selected Coverage Of The 150th Session Of The Inter-American Commission On Human Rights, Kendall Niles, David Llanes, Min Jung Kim

Human Rights Brief

No abstract provided.

Rethinking The International Anti-Corruption Agenda: Civil Society, Human Rights And Democracy, John M. Ackerman

American University International Law Review

No abstract provided.

Family Treatment Drug Courts: A Perspective From Lewiston, Maine, John B. Beliveau, Aisling Ryan

Criminal Law Practitioner

No abstract provided.

The Expanding Reach Of The Executive In Foreign Direct Investment: How Ralls V. Cfius Will Alter The Fdi Landscape In The United States, Hunter Deeley

American University Business Law Review

No abstract provided.

The More Things Change, The More They Stay The Same: A Section 504 Examination Of The Social Security Administration's Use Of 1993 Medical Criteria To Determine Disability In 2014, Adrienne Jones

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Trademarks: Who Should Have The Final Say?, Blake Kocian

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell

Michigan Journal of International Law

Eat local. Such a small phrase yet such a loaded proposition. Buying food from nearby sources has become a popular objective. This aim is associated with helping farmers in one’s country or region; observing the seasonality of one’s location; eating fresher foods; striving for food security; and protecting the environment. One of the unmistakable messages of the “locavore” movement is that importing food—particularly food that comes from far away—causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to …

Connecting The Dots: Synergies Among Grassroots Tools For Authentic Sustainable Development, Paulette Stenzel

Fordham Environmental Law Review

No abstract provided.

Alternative Growth: Forsaking The False Economies Of Industrial Agriculture, Jason Foscolo, Michael Zimmerman

Fordham Environmental Law Review

No abstract provided.

Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic

Human Rights Brief

No abstract provided.

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

Limiting Liberty To Prevent Obesity: Justifiability Of Strong Hard Paternalism In Public Health Regulation, Thaddeus Mason Pope

Faculty Scholarship

Because of the largely self-regarding nature of obesity, many current and proposed public health regulatory measures are paternalistic. That is, these measures interfere with a person’s liberty with the primary goal of improving that person’s own welfare.

Paternalistic public health measures may be effective in reducing obesity. They may even be the only sufficiently effective type of regulation. But many commentators argue that paternalistic public health measures are not politically viable enough to get enacted. After all, paternalism is repugnant in our individualistic culture. It is "wrong" for the government to limit our liberty for our own good.

In this …

An Economic Perspective On Subprime Lending, Michael H. Anderson

Chicago-Kent Law Review

This article aims to provide a concise economic overview of several interesting subprime financing mechanisms, which are becoming increasingly common on the U.S. financial landscape. In particular, rent-to-own, payday lending, pawn broking, and (vehicle) title loans are considered. Generally speaking, a common thread with these loans is their relatively small size and short duration as well as the absence of a credit check or any of the traditional processes for determining credit-worthiness. Due to the ready availability of these loans, they appeal to low-income consumers, including the “working poor,” and to those who have suffered financial setbacks. Because the natural …