Digital Commons Network^™

Context Matters: Disability, The End Of Life, And Why The Conversation Is Still So Difficult, Alicia Ouellette

NYLS Law Review

No abstract provided.

Commentary - Elementary And Secondary Education

The Journal of Law and Education

No abstract provided.

A New Life For Wrongful Living, Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.

Drugged Out: How Cognitive Bias Hurts Drug Innovation, Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Reproduction-Powered Industry: Coordinating Agency Regulations For Synthetic Biology, Brendan Parent

North Carolina Journal of Law & Technology

No abstract provided.

South Africa's Constitutional Jurisprudence And The Path To Democracy: An Annotated Interview With Dikgang Moseneke, Acting Chief Justice Of The Constitutional Court Of South Africa, Conor Colasurdo, Rebecca Marlin

Fordham International Law Journal

No abstract provided.

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

University of Colorado Law Review

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 …

A Restatement Of Health Care Law, David Orentlicher

Scholarly Works

No abstract provided.

Aging Populations And Physician Aid In Dying: The Evolution Of State Government Policy, David Orentlicher

Scholarly Works

Professor David Orentlicher explores the evolution of physician assisted suicide from illegal taboo to the passage of Death with Dignity legislation and caselaw.

The Future Of The Affordable Care Act: Protecting Economic Health More Than Physical Health?, David Orentlicher

Scholarly Works

No abstract provided.

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

Articles

No abstract provided.

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

Faculty Publications

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, …

From Vacant Lots To Full Pantries: Urban Agriculture Programs And The American City, Jessica Owley, Tonya Lewis

Journal Articles

This Article builds on efforts to promote urban agriculture and remove legal and practical obstacles to its development. Specifically, we explore concerns regarding land tenure. Urban agriculture development can be retarded by uncertainties in landownership and agriculturalists’ land rights. We explore property tools that could be helpful to urban agriculturalists (both farmers and gardeners). One thing we learned quickly in our research is that the challenges (and therefore the most helpful tools) vary greatly by place. For this reason, we present examples of urban agriculture efforts across the United States to demonstrate the varying challenges that jurisdictions face and to …

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

Journal Articles

This article examines the international trade, environmental, and development implications of campaigns to convince consumers to make food purchases based on food miles. Buying food from nearby sources has become a popular objective. 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 climate change. Proponents of this view therefore argue that “food miles” – the …

You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki

Animal Law Review

Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to ani­mals, particularly highlighting the role played by an animal's status …

Dog Meat Trade In South Korea: A Report On The State Of The Trade And Efforts To Eliminate It, Claire Czajkowski

Animal Law Review

Within South Korea, the dog meat trade occupies a liminal le­gal space-neither explicitly condoned, nor technically prohib­ited. As a result of existing in this legal gray area, all facets of the dog meat trade within South Korea-from dog farms, to transport, to slaughter, to consumption-are poorly regulated and often obfuscated from review. In the South Korean context, the dog meat trade itself not only terminally impacts millions of canine lives each year, but resonates in a larger national con­text: raising environmental concerns, and standing as a proxy for cultural and political change. Part II of this Article describes the nature …

The Growing Power Of Healthcare Ethics Committees Heightens Due Process Concerns, Thaddeus Mason Pope

Faculty Scholarship

Complex ethical situations, such as end-of-life medical treatment disputes, occur on a regular basis in healthcare settings. Healthcare ethics committees (HECs) have been a leading dispute resolution forum for many of these conflicts. But while the function of HECs has evolved from mediation to adjudication, the form of HECs has not evolved to adapt to this expanded and more consequential function.

HECs are typically multidisciplinary groups comprised of representatives from different departments of the healthcare facility: medicine, nursing, law, pastoral care, and social work, for example. HECs were established to support and advise patients, families, and caregivers as they work …

Comments: The Illegal Immigrant Tax: Evaluating State Remittance Taxes Under The Dormant Commerce Clause And The Equal Protection Clause, Meredith Cipriano

University of Baltimore Law Review

No abstract provided.

The Family Responsibilities Convention Reconsidered: The Work-Family Intersection In International Law Thirty Years On, K. Lee Adams

Cardozo Journal of International and Comparative Law

This year marks the thirtieth anniversary of the International Labour Organization's (ILO) Workers with Family Responsibilities Convention, 1981, No. 156 coming into force. Family responsibilities in the context of paid work and its implications for gender equality have been the subject of international regulation most specifically in ILO 156, although it remains a marginalized convention. Since then, the interaction of work and family and the conflict between them have exploded as a subject of scholarly importance. This article examines LO 156 in the context of chronological development of other major international legal instruments which address the intersection of work and …

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily W. Parento, Laura A. Schmidt

Georgetown Law Faculty Publications and Other Works

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy.

National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broader use of counter-advertising and health campaigns; (3) expanded food labeling; (4) …

Guilty Of Homelessness: Evaluating The Criminalization Of Homelessness Through A Human Rights Framework, Cristina M. Semi

Departmental Honors Projects

Several international treaties and declarations affirm adequate housing as a fundamental human right. However, the United States, while a signatory to several of these agreements, does not recognize this right. Homelessness violates the right to housing. Moreover, homelessness often subjects individuals to additional rights violations. These additional violations often occur because governments criminalize homelessness.

Public order laws that criminalize basic life-sustaining behaviors, such as sitting, lying, and sleeping in public spaces, violate several constitutional rights when applied to unsheltered individuals experiencing homelessness. Devoid of any accommodation aside from the public streets, such individuals must necessarily perform the prohibited conduct in …

Elder Self-Neglect And Adult Protective Services: Ohio Needs To Do More, William White

Journal of Law and Health

Ohio APS statutes are antiquated, do not reflect the increasingly complex needs of self-neglecting elderly, and need to be changed to decrease the likelihood of significant self-harm or even death, as represented in the story of Carlene. Section II of this paper provides background information on elder self-neglect and APS. Section III discusses why Ohio needs to mandate that APS jurisdiction includes nursing facilities and how the law could be effectively changed. Section IV discusses how APS interventions need to evolve to meet the diverse needs of the growing elderly population; a singular investigative response no longer fits for every …

President Obama And The New Politics Of Inclusion In The Climate Change Debate, Leslie G. Fields, Royce G. Brooks

Florida A & M University Law Review

No abstract provided.

Dispute Resolution Mechanisms For Intractable Medical Futility Disputes, Thaddeus Mason Pope

NYLS Law Review

No abstract provided.

Governing By Guidance: Civil Rights Agencies And The Emergence Of Language Rights, Ming Hsu Chen

Publications

On the fiftieth anniversary of the Civil Rights Act of 1964, this Article asks how federal civil rights laws evolved to incorporate the needs of non-English speakers following landmark immigration reform (the 1965 Hart-Cellar Act) that led to unprecedented migration from Asia and Latin America. Based on a comparative study of the emergence of language rights in schools and workplaces from 1965 to 1980, the Article demonstrates that regulatory agencies used nonbinding guidances to interpret the undefined statutory term "national origin discrimination" during their implementation of the Civil Rights Act of 1964. Their efforts facilitated the creation of language rights, …

Quiet On Set! We Have A Trademark To Sell, Brittany Robbins

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

From Schiavo To Death Panels: How Media Coverage Of End-Of-Life Issues Affects Public Opinion, Sherrie Dulworth

NYLS Law Review

No abstract provided.

Give Me Liberty At My Death: Expanding End-Of-Life Choice In Massachusetts, Kathryn L. Tucker

NYLS Law Review

No abstract provided.

A New Life For Wrongful Living, Nadia N. Sawicki

NYLS Law Review

No abstract provided.

The Limits Of Autonomy: Force-Feedings In Catholic Hospitals And In Prisons, Ann Neumann

NYLS Law Review

No abstract provided.