Digital Commons Network^™

Life As We Know It: The Expansion Of The Right To Life Under The Jurisprudence Of The Inter-American Court Of Human Rights, Alexandra R. Harrington

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Tackling The Global Ncd Crisis: Innovations In Law And Governance, Bryan P. Thomas, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

35 million people die annually of non-communicable diseases (NCDs), 80% of them in low- and middle-income countries—representing a marked epidemiological transition from infectious to chronic diseases and from richer to poorer countries. The total number of NCDs is projected to rise by 17% over the coming decade, absent significant interventions. The NCD epidemic poses unique governance challenges: the causes are multifactorial, the affected populations diffuse, and effective responses require sustained multi-sectorial cooperation. The authors propose a range of regulatory options available at the domestic level, including stricter food labeling laws, regulation of food advertisements, tax incentives for healthy lifestyle choices, …

Lifting Burdens: Proof, Social Justice, And Public Assistance Administrative Hearings, Lisa Brodoff

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

2013 Massachusetts Family Impact Seminar: Youth At Risk, Part 2, Denise A. Hines, Fern L. Johnson, Donna Haig Friedman, Deborah A. Frank

Mosakowski Institute for Public Enterprise

The youth of Massachusetts are of primary concern to legislators and citizens. This briefing report features three essays by experts — Fern Johnson, Deborah Frank, and Donna Haig Friedman — who focus on three aspects of children in need: children in foster care who need adoption, children who are hungry, and children who are homeless. Each report has further and more detailed suggestions for helping these children in need; below is a summary of the problems we face.

The Independent Medicare Advisory Committee: Death Panel Or Smart Governing?, Robert Coleman

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

California And Uncle Sam's Tug-Of-War Over Mary Jane Is Really Harshing The Mellow, Daniel Mortensen

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Dying To Entertain Us Or Living To Educate Us? A Comprehensive Investigation Of Captive Killer Whales, Their Trainers, And How The Law Must Evolve To Meet Their Needs, Megan J. Rechberg

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Stein Center News - March 2013, Stein Center For Law And Ethics

Stein Center News

No abstract provided.

The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Regulation Of Microfinance In The United States: Following A Peruvian Model, Matthew A. Pierce

North Carolina Banking Institute

No abstract provided.

The New Park Doctrine: Missing The Mark, Andrew C. Baird

North Carolina Law Review

No abstract provided.

Too Poor To Hire A Lawyer But Not Indigent: How States Use The Federal Poverty Guidelines To Deprive Defendants Of Their Sixth Amendment Right To Counsel, John P. Gross

Washington and Lee Law Review

No abstract provided.

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.

Government Disapproval Of Religion, Jay Wexler

BYU Law Review

The Supreme Court's "endorsement test" for evaluating the constitutionality of government sponsored symbols, displays, and messages regarding religion is notoriously controversial and has engendered enormous scholarly attention. In addition to government "endorsement" of religion, however, the test also prohibits the government from sending a message of "disapproval" of religion. The disapproval side of the endorsement test has not been subject to almost any scholarly discussion, which is not surprising given that until recently the courts have had no reason to entertain, much less sustain, challenges to alleged government disapproval of religion. In the last few years, however, due to a …

Treating A Chronic Case Of Discrimination: The Ninth Circuit's Prescription For Mental Health Patients' Rights In Harlick V. Blue Shield, Megan Lagreca

Villanova Law Review (1956 - )

No abstract provided.

Unpacking The Force Of Law, Kristin E. Hickman

Vanderbilt Law Review

In its 2011 decision in Mayo Foundation for Education and Research v. United States,' the Supreme Court rejected tax exceptionalism, holding that the general administrative law standards articulated in United States v. Mead Corp. and Chevron USA Inc. v. Natural Resources Defense Council, Inc. govern judicial review of U.S. Department of the Treasury ("Treasury") regulations. In so doing, the Court admonished, "[W]e are not inclined to carve out an approach to administrative review good for tax law only." A few months later, the D.C. Circuit, sitting en banc in Cohen v. United States, reinforced the policy of administrative law uniformity …

Laws And Social Norms: Unintended Consequences Of Obesity Laws, Susan Yeh

University of Cincinnati Law Review

Traditional law and economic analysis considers how laws directly incentivize socially optimal behaviors. Meanwhile, a growing theoretical literature posits that beyond deterrence or incentives, laws also communicate normative judgments that can have effects unanticipated by classical predictions. This Article presents empirical evidence supporting the broader legal theory that laws can express social values, leading to shifts in social norms. Using data on adolescent peer networks in the United States, I find that where anti-obesity policies are stricter, social stigma increases for obese girls, though obesity rates do not necessarily decrease. These results are robust and consistent with a model in …

Volume 6 Index, C. David Baker

Pepperdine Law Review

No abstract provided.

Deceptive Advertising And The Federal Trade Commission: A Perspective, Larry T. Pleiss

Pepperdine Law Review

No abstract provided.

Enacting Legislation To Identify And Treat Children With Conduct Disorders, Donald J. Barnett, Ola Barnett

Pepperdine Law Review

The identification of conduct disordered children, that is, those children who are susceptible to becoming delinquent, is the first necessary step that must be undertaken if society's efforts to control a spiraling crime rate are to be successful. It is the authors' underlying premise that since the traditional approaches to rehabilitation have proven ineffective, it is incumbent upon the various state legislatures to become receptive to new methods and programs designed to prevent delinquency. The distinguishing feature of these alternatives would be early intervention and treatment. Admittedly, the authors note, many of these programs are experimental and based on the …

The Rise Of Urban Agriculture: A Cautionary Tale – No Rules, Big Problems, Matthew V. Bradshaw

William & Mary Business Law Review

This Note identifies the underlying cause of the collapse of the family farm, namely the failed effort of the U.S. Government to save it through the institution and ongoing promulgation of the Farm Bill. Through subsidy and direct payment regimes, federal legislation has enabled large commodity producers to enjoy protection from market risk while squeezing out smaller growers. Because of growing consumer distrust in large-scale agricultural production, the urban agriculture movement and nontraditional market systems continue to grow in popularity and footprint across the United States. Many municipalities have already recognized the vast benefits that an urban agriculture regime can …

Lack Of Transparency In The Premarket Approval Process For Aquadvantage Salmon, Michael P. Mcevilly

Duke Law & Technology Review

After a lengthy premarket approval process, the Food and Drug Administration (FDA) has just deemed AquAdvantage Salmon, a fast-growing, genetically engineered salmon, safe for human consumption. AquAdvantage Salmon is the first genetically engineered animal designed for human consumption to go to market in the United States. Because there have been no significant changes to the statutory or regulatory framework governing agricultural biotechnology since it was established in the 1980s, the FDA reviews applications of genetically engineered animals under the New Animal Drug Application (NADA) provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). The FDA’s treatment of genetically engineered …

School’S Out Forever: The Applicability Of International Human Rights Law To Major League Baseball Academies In The Dominican Republic, Ryan S. Hanlon

Global Business & Development Law Journal

No abstract provided.

Early Modern Absolutism And Constitutionalism, Kinch Hoekstra

Cardozo Law Review

No abstract provided.

Volume 14 Index, Robert W. Langholz Jr.

Pepperdine Law Review

No abstract provided.

Description And Analysis Of Ftc Order Provisions Resulting From References In Advertising To Tests Or Surveys , Ivan L. Preston

Pepperdine Law Review

No abstract provided.

The Not-So-Golden Years: The Legal Response To Elder Abuse, David P. Mathews

Pepperdine Law Review

No abstract provided.

The Community Living Assistance Services And Supports (Class) Act: Major Legislative Provisions, Carol O'Shaughnessy

National Health Policy Forum

Update (January 3, 2013) — In 2010, Congress enacted the Community Living Assistance Services and Supports (CLASS) Act as part of the Patient Protection and Affordable Care Act (P.L. 111-148). The CLASS Act was repealed as part of the American Taxpayer Relief Act of 2012 signed by the President on January 2, 2013.

During 2011 the Department of Health and Human Services (HHS) conducted an analysis of possible CLASS implementation options consistent with the statutory requirements that the program be actuarially solvent over a 75-year period and self-funded. After a 19-month period of analysis, HHS officials stated in testimony before …

Public Law And Social Human Rights, Areto A. Imoukuede

Faculty Books and Book Contributions

This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.

Private Governance, Public Implications And The Tightrope Of Regulatory Reform: The Isda Credit Derivatives Determinations Committees, John Biggins, Colin Scott

Transnational Business Governance Interactions Working Papers

Regulatory relationships in financial markets exemplify the importance and changing nature of transnational business governance interactions (TBGI). These interactions involve reciprocal forces of influence between private and public regulators. This paper examines one key case of private governance in financial markets: the emergence, structures and decision-making of Credit Derivatives Determinations Committees (DCs) of the International Swaps and Derivatives Association (ISDA). The paper highlights the mechanisms or 'pathways' of interaction between ISDA, governments, courts and public regulators. Interactions between state and non-state actors are shown to occur in both operational and policy spheres. ISDA is found to be a particularly resilient …