Digital Commons Network^™

Canines (And Cats!) In Correctional Institutions: Legal And Ethical Issues Relating To Companion Animal Programs, Rebecca Huss

Law Faculty Publications

No abstract provided.

Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan

All Faculty Scholarship

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …

Scientific, Social & Legal Perspectives On Obesity: What Grown-Ups Need To Know, Judith G. Mcmullen

Marquette Elder's Advisor

No abstract provided.

Health Care Decision Making In The Veterans Health Administration: The Legal Significance For Informed Consent And Advance Directives, Liliana Kalogjera Barry

Marquette Elder's Advisor

No abstract provided.

From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello

ILSA Journal of International & Comparative Law

This article is composed by this introduction, three interrelated chapters, and a conclusion.

Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez

ILSA Journal of International & Comparative Law

The idea of law as an instrument is not new. For more than a century, law has been marshaled as a means to a particular end rather than a value in and of itself.

Conventional And Unconventional Corruption, M. Patrick Yingling

Duquesne Law Review

No abstract provided.

Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …

School-Based Legal Services As A Tool In Dismantling The School-To-Prison Pipeline And Achieving Educational Equity, Barbara Fedders, Jason Langberg

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

No abstract provided.

Re-Thinking Minnesota's Criminal Justice Response To Sexual Violence Using A Prevention Lens, Caroline Palmer, Bradley Prowant

Symposium: 50th Anniversary of the Minnesota Criminal Code-Looking Back and Looking Forward

Sexual violence is one of the most difficult issues we face in the human condition. Even with the many strides that have occurred in recent years to support a victim-centered response, survivors who seek help from the legal, medical and mental health systems, among others still “may face disbelief, blame, and refusals of help instead of assistance.” It is a problem that demands a response from all levels of society. And yet this response is lacking.

The key question we as a society confront is what changes will satisfactorily balance justice for victims with offender accountability, attempts at rehabilitation through …

Unh Law Alumni Magazine, Winter 2013, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Women In Prison In Argentina: Causes, Conditions, And Consequences, University Of Chicago Law School - Global Human Rights Clinic, Defensoría General De La Nación Argentina, Cornell Law School - International Human Rights Clinic, Cornell Law School - Avon Global Center For Women And Justice

Global Human Rights Clinic

In many countries around the world, including Argentina, the number of women who are deprived of their liberty has risen over time and has increased disproportionately in comparison to male prisoners. In Argentina, the number of female prisoners within the federal system increased 193%, while the male population rose 111% from 1990 to 2012. Nonetheless, little research has been done to understand why there has been such a dramatic increase in women’s incarceration. At the same time, international and domestic laws governing prisons and prison policies and practices have traditionally been designed for men. In 2010, however, the United Nations …

Affixing The Service Mark: Reconsidering The Rise Of An Oxymoron, Peter J. Karol

Law Faculty Scholarship

This article explores the deep and to date unacknowledged contradictions underlying service marks (trademarks used in connection with services rather than goods). Namely, the Lanham Act statutorily mandates treating trademarks the “same” as service marks; yet it simultaneously loosens requirements for proving service mark “use” by allowing mere advertising to substantiate service mark rights. This shortcut is not permitted with trademarks as such. As a result of this imbalance, sophisticated trademark practitioners may now quickly secure vast service mark rights for clients in ways not available for trademarks.

To better understand current service mark practice, and the above contradictions, the …

Liberty Of Palate, Samuel R. Wiseman

Scholarly Publications

As lawmakers concerned with problems as diverse as childhood obesity, animal cruelty, and listeria have increasingly focused their attention on consumers, legal issues surrounding food choice have recently attracted much broader interest. Bans on large sodas in New York City, fast food chains in South Los Angeles, and foie gras in California and Chicago have provoked national controversy, as have federal raids on raw milk sellers. In response, various groups have decried restrictions on their ability to consume the food products of their choice. A few groups have organized around the principle of what we might call liberty of palate, …

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel

Faculty Scholarship

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 …

Those Who Know, Those Who Don't, And Those Who Know Better: Balancing Complexity, Sophistication, And Accuracy On Tax Returns, Michelle Lyon Drumbl

Scholarly Articles

Refundable credits, particularly the earned income tax credit (EITC) and the child tax credit, serve an important anti-poverty measure for low-income taxpayers. Annually, millions of taxpayers who do not owe any federal income tax must file a tax return in order to claim these credits that are in the nature of social benefits. The eligibility requirements for refundable credits are complex, and these returns are particularly prone to audit: EITC audits comprise one-third of all individual income tax audits. Because of the large dollar amounts at stake, a taxpayer’s mistaken understanding of the eligibility requirements for these refundable credits can …

Intellectual Property And Opportunities For Food Security In The Philippines, Jane Payumo, Howard Grimes, Antonio Alfonso, Stanley P. Kowalski, Keith Jones, Karim Maredia, Rodolfo Estigoy

Law Faculty Scholarship

By 2050, the Philippine population is projected to increase by as much as 41 percent, from 99.9 million to nearly 153 million people. Producing enough food for such an expanding population and achieving food security remain a challenge for the Philippine government. This paper argued that intellectual property rights (IPR) can play a key role in achieving the nation’s current goal to be food-secure and provided examples to illustrate that the presence of sound intellectual property (IP) helps foster research, development, and deployment of agricultural innovations. This paper also offered key recommendations about how the IP system can be further …

Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel

Law Faculty Scholarship

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 …

State Interests And The Duration Of Abortion Rights, Randy Beck

McGeorge Law Review

No abstract provided.

Is Anyone Regulating?: The Curious State Of Gmo Governance In The United States, Rebecca Bratspies

Publications and Research

No abstract provided.

Administrative Proxies For Judicial Review: Building Legitimacy From The Inside-Out, David L. Markell, Emily Hammond

Scholarly Publications

Judicial review is considered an indispensable legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must find their legitimacy elsewhere. This article evaluates the promise of “inside-out” legitimacy as an alternative or complement to judicial review. We theorize, based on insights from the administrative law and procedural justice literatures, that administrative process design can do much to advance legitimacy without the need to rely on judicial review to check …

Hospital Value Based Purchasing And The Bundled Payment Initiative Under The Affordable Care Act: A Good Start, But Is It Good Enough?, Nita Garg

Annals of Health Law and Life Sciences

No abstract provided.

Is Sugar The New Tobacco? How To Regulate Toxic Foods, Barbara L. Atwell

Annals of Health Law and Life Sciences

No abstract provided.

Intervening At The Right Point In The Causal Pathways: Law, Policy, And The Devastating Impact Of Pain Across The Globe, Daniel S. Goldberg

Annals of Health Law and Life Sciences

No abstract provided.

Local Governments And The Food System: Innovative Approaches To Public Health Law And Policy, Lanie Rutkow, Jennifer L. Pomeranz, Sarah O. Rodman

Annals of Health Law and Life Sciences

No abstract provided.

Clarifying Liability For After-Hours Community Use Of School Recreational Facilities, John O. Spengler, Natasha Frost, Daniel P. Connaughton, J David Prince

Annals of Health Law and Life Sciences

No abstract provided.

Rights And Roles: Alaska Natives And Ocean And Coastal Subsistence Resources, Jordan Diamond, Greta Swanson, Kathryn Mengerink

Florida A & M University Law Review

This article explores the strengths and weaknesses of the two pillars of the framework for managing marine subsistence resources in Alaska: the pillar that protects Alaska Native rights to marine subsistence resources, and the pillar that protects the resources themselves. It focuses on how well the pillars support subsistence practices and Alaska Native leadership in the management framework. Part I summarizes the management challenge posed by the effects rapid climate change is causing in the Arctic, including impacts to the marine subsistence resources upon which Alaska Natives depend. Part II explores the laws and doctrines related to Alaska Native subsistence …

Review Of Stoltzfus, Pacifists In Chains: The Persecution Of Hutterites During The Great War, Carol A. Leibiger

Faculty Publications

No abstract provided.

Health Evolution: (Quality=Learning) + (Ethics=Justice), Peter J. Hammer

Law Faculty Research Publications

No abstract provided.

A Proposal For Congressionally Mandated Federal Regulation Of Child-Directed Food And Beverage Television Advertisements To Combat Childhood Obesity, Andrew Harvey

Health Matrix: The Journal of Law-Medicine

No abstract provided.