Digital Commons Network^™

Forced Evictions, Mass Displacement, And The Uncertain Promise Of Land And Property Restitution In Haiti, Greger B. Calhan

UC Law Journal of Race and Economic Justice

Haiti's devastating 2010 earthquake produced human suffering on an unimaginable scale. The disaster's aftermath-marked by widespread displacement, secondary occupation of land, and consequent forced evictions-raises critical questions of land ownership and housing rights. It also provided a testing ground for the body of restitutionary legal norms developed in the decades following the Cold War. Using the earthquake in Haiti as a lens, this article critically examines the development of the restitution model, from its inception in the Balkans conflicts of the 1990s to its current expression in the United Nation's Pinheiro Principles. While the Pinheiro Principles are positive in many …

The Compliance Case For Information Governance, Peter Sloan

Richmond Journal of Law & Technology

In an increasingly convoluted information environment, organizations strive to manage information-related risks and exposures, minimize information-related costs, and maximize information value. The inadequacy of traditional strategies for addressing information compliance, risk, and value is becoming clear, and so too is the need for a better, more holistic approach to governing the organization’s information.

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

Cardozo Journal of Conflict Resolution

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.

Bioethics Mediation At The End Of Life: Opportunities And Limitations, Ellen Waldman

Cardozo Journal of Conflict Resolution

Medical advances in a wide variety of areas are helping more and more elderly people live longer. When hearts, lungs and kidneys failed in the past, death came swiftly and without discussion. Today, failing organs mobilize a sophisticated arsenal of medical technology designed to keep death at bay.

The Farmer In Chief: Obama's Local Food Legacy, Sarah J. Morath

Akron Law Faculty Publications

As criticism over America’s food policy has grown, many scholars have offered suggestions for reform. Complementing this body of scholarship, The Farmer In Chief identifies and assesses recent changes to federal laws and policies as they affect ‘local food’ and describes local farmers’ awareness of and reaction to these changes. These changes and the farmers’ responses show greater recognition of local food by the President and federal government in three ways: increased inclusion of local food in legislation and policy discussions; increased awareness of the benefits of local food production and consumption; and increased consumer access to local food. But …

Childhood Obesity As Child Abuse: Criminalizing Parents For Raising Obese Children, Lizet Dominguez

Child and Family Law Journal

No abstract provided.

Too Much Of A Yellow Thing? How Growing Golden Kernels Grew Into America's Corn Crises, Allison Payton Nicklin

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Compelled Commercial Speech As Compelled Consent Speech, Leslie Gielow Jacobs

McGeorge School of Law Scholarly Articles

No abstract provided.

Charitable Nonprofits’ Use Of Noncompetition Agreements: Having The Best Of Both Worlds, Lindsey D. Blanchard

McGeorge School of Law Scholarly Articles

No abstract provided.

The Spirit Of The Buffalo: The Past And Future Of An American Plains Icon, William Holland

Animal Law Review

Though bison are iconically associated with the United States, their historical fortunes have often been opposite those of the U.S. As the nation expanded westward, government policy, de­mand for bison products, and changing land use perilously re­duced bison numbers. Efforts to restore bison have been complicated by overlapping legal concerns: state, federal, tribal, and constitutional. This Note examines the legal context sur­rounding bison restoration, focusing particularly on the critical herd connected with Yellowstone National Park. Former mem­bers of the Yellowstone herd, in turn, are the subjects of the Montana Supreme Court's 2013 ruling in Citizens for Balanced Use v. Maurier, …

Revolution Imagined: Cause Advocacy, Consumer Rights, And The Evolving Role Of Ngos In Thailand, Frank W. Munger

Articles & Chapters

This article describes the founding and evolution of a “Thai-style” NGO dedicated to consumer protection. Through a description of the NGO and the career of its founder, the article brings to light features of the evolution of NGO based advocacy in Thailand from the student uprising in 1973 to the present. The legacy of the 1973 October Generation of activists continues to influence development of NGOs but new emphasis on rights has emerged since the era of constitutional reform in the 1990s. Many NGOs now make use of litigation to attempt to achieve social change, but litigation, like other long-standing …

Panel Ii: Balancing National Security And Transparency In Government Data Collection, Nate Cardozo, Mariko Hirose, Jonathan Manes, Ira Rubinstein, Christopher Wolf

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Panel I: Disclosure And Notice Practices In Private Data Collection, Lorrie Cranor, Brett Frischmann, Ryan Harkins, Helen Nissenbaum

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Essential Health Benefits And The Affordable Care Act: Law And Process, Nicholas Bagley, Helen Levy

Articles

Starting in 2014, the Affordable Care Act (ACA) will require private insurance plans sold in the individual and small-group markets to cover a roster of "essential health benefits." Precisely which benefits should count as essential, however, was left to the discretion of the Department of Health and Human Services (HHS). The matter was both important and controversial. Nonetheless, HHS announced its policy by posting on the Internet a thirteen-page bulletin stating that it would allow each state to define essential benefits for itself. On both substance and procedure, the move was surprising. The state-by-state approach departed from the uniform, federal …

Shopping For Gender: The Unlawfulness Of An Unregulated Market For Prenatal Gender Selection And Selective Gender Abortion, Eujean Park

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Life And Legal Fiction: Reflections On Margaret Montoya's Máscaras, Trenzas, Y Greñas, Natsu Taylor Saito

Faculty Publications By Year

This essay is based on a presentation made as part of “Un/Masking Power: The Past, Present, and Future of Marginal Identities in Legal Academia,” a symposium sponsored by the UCLA Chicana/o-Latina/o Law Review, April 5, 2013.

Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young

Reports & Public Policy Documents

As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …

Human Rights Must Be At The Core Of The Post-2015 International Development Agenda, Ved P. Nanda

Montana Law Review

The 2013 Honorable James R. Browning Distinguished Lecture in Law

Jurisdictional Confusion That Rivals Erie: The Jurisdictional Limits Of Campus Police, Jamie P. Hopkins, Kristina Neff

Montana Law Review

Jurisdictional Confusion that Rivals Erie: The Jurisdictional Limits of Campus Police

Teaching Cultural Competency In Legal Clinics, Cynthia Pay

Journal of Law and Social Policy

Aims to identify various models of cultural competency training, and to reflect on ways to appropriately and effectively address this subject in a clinical legal education setting.

Beyond Child Welfare - Theories On Child Homelessness, Jessica Dixon Weaver

Faculty Journal Articles and Book Chapters

According to recent federal data from 2013, the number of children who experience homelessness in the United States has reached an astonishing 2.5 million. Among industrialized nations, America has a one of the highest poverty rates among children, peaking at 22% in 2010. This Article considers why there is an ambivalent and sometimes hostile response to chronic, persistent poverty among families with young children. Various reports on the state of homeless families state that the cause of homelessness is a combination of lack of affordable housing, extreme poverty, decreasing government support, domestic violence, the challenge of raising children alone, and …

Proceed With Extreme Caution: Citation To Wikipedia In Light Of Contributor Demographics And Content Policies, Jodi L. Wilson

Vanderbilt Journal of Entertainment & Technology Law

Courts and advocates have shown an increasing willingness to cite to Wikipedia. This trend has piqued the attention of scholars, who have considered the permanency concerns raised by citations to Wikipedia and critiqued how courts and advocates have used Wikipedia. This Article adds to the growing scholarship on the Wikipedia citation trend by examining the contours of the Wikipedia contributor crowd and the principles underlying Wikipedia's content in order to better inform the evaluation of Wikipedia as a potential authoritative source. Part I provides an overview of the Wikipedia citation trend in cases and federal appellate briefs. Part II describes …

Service For Learning, Service For Life: Depaul's Vincentian Mission In Action

DePaul Magazine

Through the thousands of alumni and students who are putting their education to work in service to others through service learning, volunteerism, and social welfare careers, DePaul University's Vincentian mission is being realized. In addition, the university is creating research partnerships to help service organizations develop effective strategies to combat such stubborn problems as poverty and homelessness.

Moocs And Legal Education: Valuable Innovation Or Looming Disaster?, Philip G. Schrag

Villanova Law Review (1956 - )

No abstract provided.

Colombia's Herbidice Spraying In The Crucible Between Indigenous Rights, Environmental Law And State Security, Paola Solano

Intercultural Human Rights Law Review

For many years Colombia has struggled with eradicating illicit narcotic crops. Spraying coca and poppy crops aerially with chemical herbicides has been one of Colombia's strategies. However, this practice has resulted in serious violations of human and environmental rights. Because the herbicides were aerially sprayed at locations near, at and across the border with Ecuador, it has caused transboundary damage not only to people, animals and crops but also to bordering Ecuador's natural environment. It has also caused damage to the Colombian environment, population, and Indigenous groups. In 2008, Ecuador submitted an application instituting proceedings to the International Court of …

Our Fair City: A Comprehensive Blueprint For Gender And Sexual Justice In New York City, Cindy Gao, Katherine M. Franke

Faculty Scholarship

Columbia Law School’s Center for Gender & Sexuality Law offers this report to aid the de Blasio administration in evaluating the steps it can and should take to eliminate all forms of gender and sexual discrimination, and to assure gender and sexual justice in City policy and programs. After consultation with numerous groups advocating for gender and sexual justice across New York City, the Center for Gender & Sexuality Law at Columbia Law School has synthesized in this report a set of key recommendations to the de Blasio administration, all designed to eliminate a wide range of disadvantages, invisibility, violence, …

Ignorance, Harm, And The Regulation Of Performance-Enhancing Substances, Lisa Milot

Scholarly Works

There is a disconnect between how legal and sporting authorities, on the one hand, and many elite athletes, on the other, view the use of performance-enhancing substances. While official and popular narratives portray the use of these substances as isolated examples of deviant behavior, to the elite athletes who daily push their bodies beyond societally normal limits of pain and risk, enhancement is oftentimes an accepted part of the job. As a result, efforts to regulate and detect athletes’ use of these substances have consistently captured only a small fraction of the use that exists.

This Article describes the ways …

A Role For Law In Preparing For Death, Barbara A. Noah

Faculty Scholarship

This Article discusses the limits of how end of life law can address threats to patient autonomy. The reluctance of physicians, patients and family to discuss end of life matters and to confront the certainty of death, together with a culture that actively denies the aging process itself, interferes with a patient’s ability to exercise choice as death approaches. Thus, patients often suffer needlessly from the continuation of treatments and life-supportive measures that they would choose to decline if better informed about their choices and the importance of choosing. Advance directives, as a legal mechanism, often fail fully to protect …

Gambling On Our Financial Future: How The Federal Government Fiddles While State Common Law Is A Safer Bet To Prevent Another Financial Collapse, Brian Mccall

Faculty Articles

No abstract provided.

Menu Labeling: The Unintended Consequences To The Consumer, Ellen A. Black

Law Faculty Scholarship

Why are Americans, along with the rest of the most populous nations, more overweight than twenty or thirty years ago? Most nutritionists and scientists agree that the answer is complex and multifaceted, with genetics, exercise, and diet all playing at least a partial role. Americans, for the last thirty years, have been reportedly eating out at restaurants more frequently than they have been eating at home; as a result, the restaurant industry has been blamed, in part, for the rise in obesity, based upon the presumption that more calories are consumed at restaurants than at home. Yet determining the underlying …