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Articles 4621 - 4650 of 10104
Full-Text Articles in Entire DC Network
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne
A Matter Of National Importance: The Persistent Inefficiency Of Deceptive Advertising Class Actions, Stacey M. Lantagne
Journal of Business & Technology Law
No abstract provided.
A National "Natural" Standard For Food Labeling, Nicole E. Negowetti
A National "Natural" Standard For Food Labeling, Nicole E. Negowetti
Law Faculty Publications
No abstract provided.
2013 Children’S Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Children’S Advocacy Alliance, Denise Tanata Ashby, Tara Phebus
2013 Children’S Legislative Briefing Book, Nevada Institute For Children’S Research And Policy, Children’S Advocacy Alliance, Denise Tanata Ashby, Tara Phebus
Nevada Institute for Children's Research and Policy Reports
The purpose of this Legislative Briefing Book is to provide a quick snapshot of some of the most pressing issues facing Nevada’s children in order to provide advocates and policymakers with a stepping stone in creating positive changes to improve the lives of Nevada’s children. While this book will not cover every issue facing our children, it is intended to highlight some of those where state policy may have an impact, covering issues in education, health, safety and security, and the juvenile justice system. Diligent efforts need to be made during the 2013 Legislative Session to improve policies, procedures and …
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw
Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw
Journal of Criminal Law and Criminology
No abstract provided.
The Naprapath In The Rainforest, John D. Blum
The Naprapath In The Rainforest, John D. Blum
Faculty Publications & Other Works
No abstract provided.
A Picture Is Worth A Thousand Words: The Marketplace Of Ideas And The Constitutionality Of Graphic-Image Cigarette Warning Labels And Other Commercial Disclosure Requirements, Richard F. Lee
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …
When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold
When Certainty Dissolves Into Probability: A Legal Vision Of Toxic Causation For The Post-Genomic Era, Steve C. Gold
Washington and Lee Law Review
Proof of causation in toxic torts has presented persistent problems for the legal system, because the probabilities that science can know fit poorly with the demands for particularistic proof imposed by the law’s deterministic model of causation. Some scholars have hoped that genomic and molecular information will at last provide scientific certainty—definitive, individualized proof of toxic causation. This Article argues that the opposite is true. Scientific research will increasingly elucidate the ways in which environmental exposures and human genes interact to produce disease, but this deeper knowledge will extend rather than resolve the problem of causal indeterminacy in toxic torts. …
Risk-Based Student Loans , Michael Simkovic
Risk-Based Student Loans , Michael Simkovic
Washington and Lee Law Review
No abstract provided.
Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud
Debt And Discipline: Neoliberal Political Economy And The Working Classes, Tayyab Mahmud
Faculty Articles
Over the last three decades, neoliberal restructuring of the economy created a symbiosis of debt and discipline. New legal regimes and strategic use of monetary policy displaced Keynesian welfare, facilitated financialization of the economy, broke the power of organized labor, and expanded debt to sustain aggregate demand. Public laws and policies created a field of possibility within which financial markets extended their reach and brought ever-increasing sections of the working classes and the marginalized within the ambit of the credit economy. Reordered public policies and new norms of personal responsibility demarcated the horizon within which the economically vulnerable pursued strategies …
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah
Two Conflicts In Context: Lessons From The Schiavo And Bland Cases And The Role Of Best Interests Analysis In The United Kingdom, Barbara A. Noah
Faculty Scholarship
This Essay considers the different approaches to end of life decision making for incapacitated patients in the United States and in the United Kingdom. In the United States, individual patient autonomy is the primary guidepost for making end of life decisions for incapacitated patients. In the United Kingdom, patient preference is openly and deliberately supplemented with a careful consideration of the patient’s best interest. To contrast the two approaches, the Essay focuses on two cases involving patients in permanent vegetative states (PVS) for whom little was known about their respective individual preferences, and it analyzes the differences in conceptualization and …
Disclosure As Distribution, Jeremy N. Sheff
Disclosure As Distribution, Jeremy N. Sheff
Faculty Publications
This brief response to the work of Professors Omri Ben-Shahr and Carl Schneider on mandated disclosure regimes investigates the normative criteria underlying their claim that those regimes are failures. Specifically, it unpacks the pieces of those authors' implicit cost-benefit analysis, revealing inherently normative judgments about desert and responsibility at the core of their (or any) critique of disclosure regimes. Disclosure regimes may aim to improve human decisionmaking behaviors, but those behaviors are influenced in non-deterministic ways by cognitive capacities that are heterogeneously distributed among subjects of the regimes. Accordingly, any claim regarding the normative desirability of disclosure regimes (or any …
Bankruptcy Trusts, Transparency And The Future Of Asbestos Compensation, S. Todd Brown
Bankruptcy Trusts, Transparency And The Future Of Asbestos Compensation, S. Todd Brown
Journal Articles
As we enter the fifth decade of asbestos personal injury litigation, much of the debate over its immediate future centers on the operations of bankruptcy trusts and their relationship to the tort system. Roughly 100 companies have entered bankruptcy as a result of their unsustainable asbestos liabilities, and, from these bankruptcies, approximately 60 trusts have been established or are in the process of being established. Some critics contend that the trust system is plagued by fraud and abuse; allowing plaintiffs' lawyers to obtain compensation from the trusts for fraudulent claims and to evade relevant discovery obligations under applicable state law. …
Meat Labeling Through The Looking Glass, Bruce Friedrich
Meat Labeling Through The Looking Glass, Bruce Friedrich
Animal Law Review
The United States Department of Agriculture (USDA) regulates meat labeling under the statutory authority of the Federal Meat Inspection Act (FMIA). The FMIA’s labeling preemption clause prohibits labeling requirements beyond federal requirements, and would thus preclude state causes of action on the basis of deceptive labels that were properly approved under federal law. Through the eyes of Kat, a hypothetical consumer concerned with the origins of the meat she purchases for her family, this Article argues that consumers should be able to pursue state law claims based on fraudulent animal welfare labels on packages of meat. This is true for …
Legislation To Protect The Welfare Of Fish, Kelly Levenda
Legislation To Protect The Welfare Of Fish, Kelly Levenda
Animal Law Review
This Article examines the marginalization of fish under current animal welfare laws and regulations, explores the treatment of farm-raised fish during transport and slaughter, and proposes legislation and regulations in these two areas. While evidence indicates that fish are capable of experiencing pain, fear, and suffering—the traditional considerations informing concepts of animal welfare—current pre-slaughter transport and slaughter practices are completely uninformed by notions of fish welfare. Comparing the cognitive and sensory capacities of fish to other animals currently receiving animal welfare recognition through official regulation, this Article argues that protections afforded to animals during transport and slaughter should similarly apply …
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski
Shocked, Horrified, Sickened: How Cigarettes (And The Lessons From The Tobacco Litigation) Can Take Years Off Animal-Based Food Industries, Amanda Winalski
Animal Law Review
Animal-based food industries—meat, egg, and dairy—have a history of opposing even relatively minor attempts to reduce human consumption of animal-based foods. In the face of growing evidence that eating meat, eggs, and dairy is detrimental to human health, these industries and their supporters maintain the opposite: that these foods are essential for a healthy diet and have no negative impact as normally consumed. Recognizing parallels between animal-based food industries and another industry heavily invested in maintaining the notion that its product was benign as normally consumed, this Article argues the tobacco litigation saga holds instructive lessons for combatting the current …
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
The High Cost Of The Nation's Current Framework For Education Federalism, Kimberly J. Robinson
Law Faculty Publications
This Article will show the consistent ways that the current understanding of education federalism within the United States has hindered three of the major reform efforts to promote a more equitable distribution of educational opportunity: school desegregation, school finance litigation, and, most recently, NCLB. In exploring how education federalism has undermined these efforts, this Article adds to the understanding of other scholars who have critiqued these reforms and examined why the nation has failed to guarantee equal educational opportunity. For example, scholars have argued that the failure to undertake earnest efforts to achieve equal educational opportunity is caused by a …
Taxing Privacy, Hayes R. Holderness
Taxing Privacy, Hayes R. Holderness
Law Faculty Publications
In the United States, many low-income citizens are being held to a harsher standard than wealthier citizens — these low-income citizens are being asked to relinquish their privacy in order to obtain the public assistance they need, whereas wealthier individuals are not subjected to similar levels of public scrutiny for government benefits that they claim. Giving up privacy can have devastating effects on individuals’ lives — they may suffer various dignitary harms, may experience repressed abilities to express themselves, and may even be coerced into important life decisions by the government. This situation presents a unique problem to the neediest …
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp
The Changing Landscape Of Carrier Screening: Expanding Technology And Options?, Michelle L. Mcgowan, Deborah Cho, Richard R. Sharp
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Myriad Choices: University Patents Under The Sun, Jacob H. Rooksby
Law Faculty Publications
How universities handle potentially patentable discoveries made by their faculty reflects important policy decision that affect the greater public. While few research administrators in higher education would dispute that any university-owned patent should be used for society's benefit, the relationship between patents and the public good may be less apparent to those whose primary familiarity with patents stems from recent news reports of "patent trolls" and billion-dollar battles in the smartphone industry. ...
Reevaluating The "Physician"--Reasonable Compensation For Allied Health Professionals Advocating On Behalf Of Their Patients In Illinois, Rachelle Sico
Public Interest Law Reporter
No abstract provided.
A Fresher Law: Amending The Florida Right To Farm Act To Include Urban Micro Farming As A Key Initiative To Promote Sustainability, Food Access, And Environmental Justice For Low-Income Communities, Cameryn Rivera
Florida A & M University Law Review
No abstract provided.
Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne
Good Policy, Good Food: Bringing A Just And Sustainable Food System To All, Mark Winne
Florida A & M University Law Review
No abstract provided.
A Bitter Policy Shoved Down Our Throats: How A Once Admirable And Necessary Agricultural Program Has Resulted In Major Profits For Big Business And Major Frustration For Others., David Ryan Quintanilla
A Bitter Policy Shoved Down Our Throats: How A Once Admirable And Necessary Agricultural Program Has Resulted In Major Profits For Big Business And Major Frustration For Others., David Ryan Quintanilla
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract Forthcoming.
News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin
News In Cyberspace: The Creation Of The New Ignorance, Ronald Charles Griffin
Journal Publications
Computers are dummying us down. Book learning has given way to computer speak. Modern technology overwhelms us. Users are enthralled with gadgets to the point where they have lost themselves in them. We have abandoned, perhaps mislaid, our sense for ignorance; what it means to be illiterate in the 21st century; and working definitions for truth. In this environment a dab of education (enough to make somebody lethal), a sprinkle of bigotry, and fear produce people with ideas that are bad for us. This essay cautions against trucking with those folk; it marks what they do in the media that …
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
Student Competition & Published Writings
The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …
Global Environmental Law: Food Safety & China, Jason J. Czarnezki
Global Environmental Law: Food Safety & China, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This article makes the case for food security law and policy as a component of global environmental law in recognition of the global economy, trade liberalization, and concerns for food safety and environmental harm. It further describes rule of law as a significant force in mitigating food safety concerns and pollution in China. Part II explores global food safety concerns in the context of United States-China relations, while Part III discusses the U.S. Food & Drug Administration's on-the-ground presence in China as an example of the emergence of cooperative agreements in global environmental governance. Part IV shows how increased rule …
Introduction, Peter J. Strauss
Occupy Information: The Case For Freedom Of Corporate Information, Roy Peled
Occupy Information: The Case For Freedom Of Corporate Information, Roy Peled
UC Law Business Journal
Demands for oversight over government operations and the desire for citizens to become more engaged in the democratic process had helped usher in the Freedom of Information Act. This Article argues for extending a similar general duty of disclosure requirement to corporations, because corporations hold pertinent information required for democratic participation. This Article examines the justifications for this general duty of disclosure and reviews existing disclosure mechanisms employ by various countries.
Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino
Conflicts Of Interest In Medicine, Research, And Law: A Comparison, Stacey A. Tovino
Faculty Articles
Several of the remarks and articles presented in this symposium have addressed conflicts of interest arising during the provision of legal counsel to individuals who are elderly, including specific conflicts of interest implicated by estate planning, retirement planning, and long-term care planning. Topics examined thus far include conflicts of interest with respect to the application of rules of confidentiality within state rules of professional conduct to elderly clients with impaired decision-making capacity; conflicts of interest involving representative payees for Social Security benefits; conflicts of interest in distributions when parents enter into marriages that are unprotected by law; and conflicts of …
Access To Justice: Rays Of Sunshine On Judicial Review Or Morning Clouds On The Horizon?, Laurence Gormley
Access To Justice: Rays Of Sunshine On Judicial Review Or Morning Clouds On The Horizon?, Laurence Gormley
Fordham International Law Journal
No abstract provided.