Digital Commons Network^™

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

Elisabeth Haub School of Law Faculty Publications

This Article will briefly examine the history of the international sugar trade and discuss the current status of the sugar industry in world markets, specifically in Brazil, India, and the United States. The international sugar trade industry should consider instituting sustainable development practices not only for the public good, but also to enhance its bottom line. As "one of the most highly distorted agricultural commodity markets," the international sugar market is an ideal environment to implement sustainable development practices and begin change with respect to CSR through "guaranteed minimum payments to producers, production and marketing controls (quotas), state-regulated retail prices, …

Greenwashing And Self-Declared Seafood Ecolabels, Jason J. Czarnezki

Elisabeth Haub School of Law Faculty Publications

The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity, and trust. Businesses that utilize ecolabels to market the environmental performance of their seafood products often turn to third-party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own self-declared or first-party ecolabels. Seafood retailers and suppliers considering the creation and use of an ecolabel, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable Food and Drug Administration and United States …

Setting The Table For Urban Agriculture, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

This article provides context for the various roles that law plays in the cultivation of urban agriculture. This article first reflects on how popular support for the development of a legal framework that promotes urban agriculture is rooted deeply in American agrarian traditions. The article then notes the palatable tension between the rhetoric in support of urban agriculture and the modes of urban law and planning that dominated the twentieth century. It considers how various approaches to urban planning have facilitated or thwarted urban agriculture and surveys recent legal developments designed to accommodate and encourage urban agriculture projects as alternatives …

The Consequences Of Abortion Restrictions For Women's Healthcare, Maya Manian

Scholarly Articles in Law Reviews & Journals

This Essay challenges the false assumption that abortion care can be segregated from women’s medical care and targeted for special restrictions without any effects on women’s health more broadly. As a matter of medical reality, abortion cannot be isolated from the continuum of women’s healthcare. Yet policymakers and the public have failed to understand the interconnectedness of abortion with other aspects of women’s medical care. In fact, existing abortion restrictions harm women’s health even for women not actively seeking abortion care, but these impacts remain obscured. For example, antiabortion laws and policies have spillover effects on miscarriage management, prenatal care, …

Sowing The Seeds Of Protection, Elizabeth I. Winston

Scholarly Articles

Seeds are chattel. As such, seeds are protectable by the same tapestry of public and private ordering as other forms of chattel. However, the distinguishing characteristic of seeds, their method of propagation, and the history of seeds-traditionally viewed as a public good rather than chatteldistort that tapestry. The model of seed distribution thus needs to be refrained in light of the often disparate interests of innovators, producers, and consumers. As with all chattel, there is no single, correct model for distributing seeds, but law and contract may be woven together to strike a balance.

Re-Negotiating A Theory Of Social Contract For Universal Health Care In America Or, Securing The Regulatory State?, George P. Smith Ii

Scholarly Articles

Political ideologies and evolving notions of social justice have shaped public health policies throughout American history in a quest to find a point of balance between the collective good and economic realities. In pursuit of this balance, Congress enacted the Affordable Care Act in 2010. This Article first examines the new law through the lens of the social contract as envisioned by Rousseau and adopted by the Framers of the Constitution. Using economic data, public opinion, and information from the medical community, Smith and Gallena proceed to offer a frank appraisal of the state of health care in America and …

2013 Federal Legislative Review, Angela Ostrowski

Animal Law Review

No abstract provided.

Comments: Newborn Screening Programs And Privacy: Shifting Responsibility From The Parent To The Laboratory, Michael D. Leeb

University of Baltimore Law Review

No abstract provided.

The Right To Food And The Political Economy Of Third World States, Opeoluwa Adetoro Badaru

The Transnational Human Rights Review

Current global events validate the fact that beyond a theoretical analysis of rights discourse and food justice, there is a need to understand and propose ways to address the very fragile global food situation, and especially so in Third World states. At the peak of the high food prices in mid-2008, the world observed how the issue of access to food and the means to acquire food (in the larger context of other socio-economic needs) spurred riots from Egypt to Bangladesh and Mexico. And one cannot definitely say that we are out of the woods yet concerning rising food prices. …

Hazard And Blight: Methamphetamine Waste's Insidious Persistence And Why The Federal Government Should Be Guided By Kentucky's Approach To Cleanse Natural Resources, Brandon Adcock

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston

Societies Without Borders

Human rights education (HRE) has gained increasing support as a tool for promoting social responsibility and global respect for international human rights standards. Many schools and universities include HRE in their curricula in an attempt to foster a sense of global citizenship among students, yet educators still grapple with how to most effectively include human rights in undergraduate programs. In an attempt to provide resources and to promote effective HRE, this article examines the rise of human rights education and analyzes its potential for positive change. In particular, high impact learning practices (such as community partnerships and short-term study abroad …

Making Visible The Invisible: Nighttime Lights Data And The Closing Of The Human Rights Information Gap, Xi Chen

Societies Without Borders

War, poverty, geographical remoteness and political isolation all contribute to unreliable or non-existent data for developing regions of the world. As a consequence, research within these areas has been hampered by an abject lack of data in underdeveloped regions. The satellite-based nighttime lights data introduced here may hold the potential to overcome this problem by providing a proxy measure for large numbers of variables dealing with second and third generation human rights issues. The images presented here represent some of the newest forms of data available to social science investigations and those interested in human rights studies, and are already …

Millennium Development Goal 4, Children's Health And Implementation Challenges In Africa: Does A Human Rights Based Appoach Suffice?, Obi Nnamuchi

Loyola University Chicago International Law Review

That the state of children’s health in Africa is abysmal is incontrovertible. Proof, if there is need for one, is the perennial underperformance of the vast majority of countries in the region in key dimensions of children’s health and wellbeing. Nonetheless, the point of interest in health policy literature is not on the underperformance per se but on the underlying causes and possible antidotes – a reason Millennium Development Goal (MDG) 4 (on reducing child mortality) holds special significance for countries in the region. This paper advances scholarship in this very critical area by projecting human rights as holding the …

Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans, Jade Glory

Loyola University Chicago International Law Review

No abstract provided.

Eastern Michigan University Graduate Catalog, 2014-2015, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Fraud In The Market, Samuel R. Wiseman

Scholarly Publications

No abstract provided.

The Honey Trap: How Pesticide Regulations Hold The Key To Honey Bee Survival

Texas A&M Journal of Property Law

No abstract provided.

When Cheaters Prosper: A Look At Abusive Horse Industry Practices On The Horse Show Circuit, Kjirsten Sneed

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Ethics Consultations And Conflict Engagement In Health Care, Charity Scott

Cardozo Journal of Conflict Resolution

This article explores the intersection of two professional fields-bioethics and clinical ethics consultation in health care on one hand, and alternative dispute resolution ("ADR") and conflict management on the other-which until recent years remained relatively unknown to each other. It marries the literatures and lessons of these two fields in order to promote the quality of ethics consultations in hospitals and other health care organizations.

Increasingly, health care ethics committees and consultants acknowledge the need to employ the frameworks, approaches, and tools of good conflict management to do their work effectively. Similarly, conflict specialists and ADR professionals are becoming increasingly …

The Hang-Up With Hamburg: How Center For Food Safety V. Hamburg Will Alter The Food Industry, Joella Roland

Journal of Business & Technology Law

No abstract provided.

Legislating Corporate Social Responsibility: Expanding Social Disclosure Through The Resource Extraction Disclosure Rule, Thea Reilkoff

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Transparently Opaque: Understanding The Lack Of Transparency In Insurance Consumer Protection, Daniel Schwarcz

Articles

Consumer protection in most domains of financial regulation centers on transparency. Broadly construed, transparency involves making relevant information available to consumers as well as others who might act on their behalf, such as academics, journalists, newspapers, consumer organizations or other market watchdogs. By contrast, command and control regulation that affirmatively limits financial firms’ products or pricing is relatively uncommon. This Article describes a remarkable inversion of this pattern: while state insurance regulation frequently employs aggressive command and control consumer protection regulation, it typically does little or nothing to promote transparent markets. Rather, state lawmakers routinely either completely ignore transparency-oriented reforms …

Cura Personalis: A Healthcare Delivery Quandary At The End Of Life, George P. Smith Ii

Saint Louis University Journal of Health Law & Policy

Holistic Medicine traces its provenance to the foundational value or chrism of the Society of Jesus of cura personalis which directs respect be given to all individuals and to their souls — especially whenever medical healing is required. Today, the notion of best patient care should include not merely attention to somatic issues of refractory pain management but, equally, to non-somatic or existential suffering. It is at the end-stage of life that palliative — as opposed to curative — care must be provided. When a condition is seen as medically futile, this Article advocates palliative or deep sedation — when …

Mobile Medical App Regulation: Preventing A Pandemic Of “Mobilechondriacs”, Nathaniel R. Carroll

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Community Benefit 501(R)Edux: An Analysis Of The Patient Protection And Affordable Care Act’S Limitations Under Community Benefit Reform, Zachary J. Buxton

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Rationalizing Home And Community-Based Services Under Medicaid, Laura D. Hermer

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Broken Promise Of Obra ’87: The Failure To Validate The Survey Protocol, Malcolm J. Harkins Iii

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Are Mothers Hazardous To Their Children’S Health?: Law, Culture, And The Framing Of Risk, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

This Article examines the psychosocial processes of risk construction and explores how these processes intersect with core principles of Anglo-American law. It does so by critiquing current cultural and legal perceptions that mothers, especially pregnant women, pose a risk to their children’s health. The Article’s core argument is that during the last four decades, both American society and American law have increasingly come to view mothers as a primary source of risk to children. This intense focus on the threat of maternal harm ignores significant environmental sources of injury, including fathers and other men, as well as exposure to toxic …

Intellectual Property And Public Health - A White Paper, Ryan Vacca

Faculty Publications

On October 26, 2012, The University of Akron School of Law's Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants, and the subsequent evaluations of these suggestions and solutions.

Led by the moderator, participants at the Forum focused generally on three broad …

Functional Elements In Patent Claims, As Construed By The Patent Trial And Appeal Board (Ptab), 13 J. Marshall Rev. Intell. Prop. L. 251 (2014), Tom Brody

UIC Review of Intellectual Property Law

Claims in patents include both structural elements and functional elements. Functional elements occur in various categories: (1) Functional elements that mandate a particular range of structures that are able to perform the required function; (2) Functional elements that mandate a particular cooperation between structures; (3) Compound noun/function functional elements, (4) Active-type functional elements; (5) “Capable of”-type functional elements, (6) Single-word structural elements that are typical nouns, but that are also functional elements, e.g., “plasticizer,” and (7) Quasi-functional elements that lack any patentable weight. This article discloses which of these types of functional elements confers the broadest claim scope, and which …