Digital Commons Network^™

Lindsay’S Legacy: The Tragedy That Triggered Law Reform To Prevent Teen Dating Violence, D. Kelly Weisberg

UC Law SF Journal on Gender and Justice

Intimate partner violence is common not only among adults but among teenagers as well. A recent large-scale study reveals the startling fact that dating violence begins as early as age eleven. In 2005, an innovative state law reform movement was launched that confers a proactive role on the schools to prevent teen dating violence (TDV). Currently, twenty states have laws that address TDV in the schools, and additional states have pending legislation. This article explores the impetus for this law reform movement, provides an analysis of state laws on TDV prevention, and examines pending federal legislation that overcomes a fundamental …

An Analysis Of Factors Responsible For The Decline Of The U.S. Horse Industry: Why Horse Slaughter Is Not The Solution, John Holland, Laura Allen

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

California's Proposition 37: Will Its Failure Forecast The Fate Of The Gm Food Labeling Movement In The United States Once And For All?, Meredith K. Schuh

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

When Toning Shoes Strengthen Nothing More Than Likelihood Of Lawsuit: Why The Federal Trade Commission Needs Guidelines Regarding Proper Substantiation Of Fitness Advertisements, Heather M. Mandelkehr

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Public Health Bill Draft Requests - 2013 Nv Legislative Session, Nevada Institute For Children's Research And Policy Reports

Nevada Institute for Children's Research and Policy Reports

Public Health Bill Draft Requests - 2013 NV Legislative Session

Making The Right Call: Why Fairness Requires Independent Appeals In U.S. Professional Sports Leagues, Jeremy R. Abrams

Marquette Law Review

Historically, the commissioners of the U.S. professional sports league have had a duty to preserve the integrity of the leagues. Developing from this concept through collective bargaining between the leagues and players’ associations, the disciplinary systems of the leagues are designed to keep conflicts out of the U.S. courts. Recently, these systems have come under considerable public scrutiny questioning their fairness and effectiveness and, in some cases, the integrity of the commissioners and sports. Specifically, there have been issues with conflict of interest of the commissioners and arbitrary decision-making in disciplining players. This Comment explores the disciplinary systems of the …

It's Not Easy Being G-Free: Why Celiac Disease Should Be A Disability Covered Under The Ada, Claudia Trotch

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Genetically Modified Food Fight: The Fda Should Step Up To The Regulatory Plate So States Do Not Cross The Constitutional Line, Morgan Anderson Helme

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

No abstract provided.

Death By Arugula: How Soil Contamination Stunts Urban Agriculture, And What The Law Should Do About It, Steven A. Platt

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

No abstract provided.

Self-Replicating Technologies And The Challenge For The Patent And Antitrust Laws, 32 Cardozo Arts & Ent. L.J. 131 (2013), Daryl Lim

UIC Law Open Access Faculty Scholarship

Few patented inventions challenge the traditional boundaries of the patent and antitrust laws like those that are capable of multiplying as they are used. These self-replicating technologies are embedded in our food, fortify our vaccines, and form the computer code upon which the information age is based. These inventions create an inherent conflict between patentees and their customers. The conflict arises because every customer could become competitors as the product replicates, potentially making every first sale the patentee's last. They also challenge how we think about fundamental issues of ownership as well as innovation and market competition, and make it …

Carter V. Canada (Attorney General): Canadian Courts Revisit The Criminalization Of Assisted Suicide, 59 Wayne L. Rev. 561 (2013), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Confusion Isn't Everything, William Mcgeveran, Mark P. Mckenna

Articles

The typical shorthand justification for trademark rights centers on avoiding consumer confusion. But in truth, this encapsulation mistakes a method for a purpose: confusion merely serves as an indicator of the underlying problems that trademark law seeks to prevent. Other areas of law accept confusion or mistake of all kinds, intervening only when those errors lead to more serious harms. Likewise, every theory of trademark rights considers confusion troubling solely because it threatens more fundamental values such as fair competition or informative communication. In other words, when it comes to the deep purposes of trademark law, confusion isn’t everything. Yet …

A Nudge In The Right Direction With A Stick The Size Of Cms: Physician-Patient Communication At The End Of Life, Katherine B. Ledden

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Significance Of The Distinction Between Children And Adults For Consumer Protection, M. Neil Browne, Lauren Biksacky

Loyola Consumer Law Review

No abstract provided.

Hitting Calories Out Of The Ballpark: An Examination Of The Fda's New Menu Labeling Laws And Their Impact On Sports Spectatorship, Crystal T. Williams Esq., Antonio S. Williams Ph.D.

Loyola Consumer Law Review

No abstract provided.

Confronting The Youth Sports Concussion Crisis: A Central Role For Responsible Local Enforcement Of Playing Rules, Douglas E. Abrams

Faculty Publications

This article concerns the effect of playing rules on efforts to prevent concussions in youth sports. We can significantly reduce rates of sports-related concussions by periodically reviewing safety-based playing rules in light of medical learning, and then by assuring their enforcement by coaches, officials and parents who remain committed to sportsmanship and mutual respect in local games.

Raising Hope For Children In Foster Care: An Argument In Favor Of Expanding The Pool Of Qualified Applicants, Tapia Mateo

Student Works

No abstract provided.

Why Is Property So Hard?, Chad J. Pomeroy

Faculty Articles

This paper seeks to flesh out the heterogeneity and inherent difficulty of property law and to analyze it in depth. Part I begins this examination by setting up a taxonomy for property law and then describing the heterogeneity inherent in that context and the costs associated with that variability. Real estate law has continually evolved throughout American history — changing from a small, local business to a large, national one, spanning jurisdictional lines and limits — and it is the haphazard and varied nature of this evolution that has created this difficulty and cost. This is notable when contrasted with …

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

Faculty Publications

No abstract provided.

The New Baby Mama Drama: Equal Rights To Compensation For Birth Mothers Of Adopted Infants As Granted To Egg Donors And Surrogates, Jenny Beecroft

Student Works

No abstract provided.

Globalization And The Privatization Of Welfare Administration In Indiana, Alfred C. Aman

Indiana Journal of Global Legal Studies

This article explores the relationship of globalization to domestic law in the context of privatized welfare services in Indiana. It examines the ways that privatization can affect vulnerable populations such as welfare recipients by, in effect, partially dis-embedding the market from the state. It applies Karl Polanyi's conception of a double movement to illustrate how the political process can, in effect, re-embed the market in the state. Utilizing Indiana's recent experiences with welfare administration privatization, this article shows that re-embedding is not a simple question of reversing decisions already taken, but rather a complex sequencing of political and legal engagements. …

Developing A Durable Right To Health Care, Erin C. Fuse Brown

Faculty Publications By Year

The Patient Protection and Affordable Care Act’s (ACA) signature accomplishment was the creation of a statutory right to health care for the uninsured. This is a momentous change in policy, addressing one of the most vexing social issues of our time and affecting millions of people and billions of dollars of the U.S. economy. This ambition and the degree of societal and political debate leading up to the Act’s passage suggests that it is a “superstatute,” a rare breed of statute that can, among other things, create rights and institutions more typically thought to be the province of constitutional undertaking. …

Unequal Burdens In Eitc Compliance, Karie Davis-Nozemack

Minnesota Journal of Law & Inequality

No abstract provided.

Women In Prison In Argentina: Causes, Conditions, And Consequences, Sital Kalantry

Public Law and Legal Theory Working Papers

No abstract provided.

The Flawed U.S. Approach To Rule Of Law Development, Cynthia Alkon

Faculty Scholarship

The key flaw to the United States' approach to rule of law development is routinely including the "standard menu" of rule of law development assistance as a part of the overall development effort without regard to whether the recipient country is at a developmental stage where it is able to absorb some or all of this type of aid. This article uses Afghanistan as a case study. Despite a decade of assistance, Afghanistan remains a fragile and conflict-affected country, thus raising concerns about the value of the aid given and whether rule of law development aid should continue to be …

Advances In Neuroimaging And The Vegetative State: Implications For End-Of-Life Care, Maxine H. Harrington

Faculty Scholarship

Severely brain damaged patients represent major ethical and legal challenges in end-of-life care. In particular, the vegetative state has featured significantly in the origins and evolution of the "right to die" movement. The first significant end-of-life case was Quinlan, where the New Jersey Supreme Court, citing Quinlan's constitutional right to privacy, permitted her father to withdraw her ventilator. The right to die movement reached its apex in 1990, when in Cruzan, the United States Supreme Court assumed (without deciding) that an incompetent person had a constitutionally protected liberty interest in refusing life-prolonging treatment. The politically contentious Schiavo case …

An Exploration Of Compulsory Licensing As An Effective Policy Tool For Antiretroviral Drugs In India, Dipika Jain, Jonathan J. Darrow

Health Matrix: The Journal of Law-Medicine

No abstract provided.

International Health Emergencies In Failed And Failing States, Chiara Giorgetti

Law Faculty Publications

Global health emergencies, particularly those occurring in Jailed and Jailing States, can become threats to the stability of the international community. This Article assesses the international mechanisms available to respond to such emergencies. After defining global health emergencies, it discusses the implications of global outbreaks in Jailed and Jailing States. It then examines the role played by the World Health Organization in controlling global health emergencies, with particular reference to the newly amended 2005 International Health Regulations and the Global Outbreak Alert and Response Network. Finally, it explores the role of other international organizations, including the United Nations Children's Fund …

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Scholarly Works

Does international law have the resources to manage, if not solve, this complex global problem of scarcity? Different areas of international law governed by different regimes have their own ways of conceptualizing and managing scarcity. International human rights law may frame the problem as one of individual economic and social rights or as one of the right of indigenous groups. For the most part though, these models from different areas of international law operate in isolation from one another, following their own internal logics.

The problem of scarcity has started to get the attention of international law scholars and experts, …

Snap Food Security In-Depth Interview Study: Final Report, Kathryn Edin, Melody Boyd, James Mabli, Jim Ohls, Julie Worthington, Sara Sternberg Greene, Nicholas Redel, Swetha Sridharan

Faculty Scholarship

The in-depth interviews discussed in this report consist of detailed discussions with 90 SNAP households with children in 6 states (California, Illinois, Indiana, Massachusetts, Rhode Island, and Texas) about their financial situations, their use of SNAP, and their overall food security.