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The Right To Be Taken Seriously , Jonathan Weinberg Oct 2012

The Right To Be Taken Seriously , Jonathan Weinberg

University of Miami Law Review

No abstract provided.


Profile - Fernbank Museum Of Natural History, James Hagy Oct 2012

Profile - Fernbank Museum Of Natural History, James Hagy

Rooftops Project

Any natural history or science museum would be proud to haev the diversity of collections and programmatic resources found at Fernbank Museum of Natural History in Atlanta, Georgia. But few if any can law claim, as Fernbank does, to having “grown out of a forest.” Professor James Hagy, Director of The Rooftops Project, talks wiht Aneli Nugteren, Executive Vice President and Chief Operating Officer of Fernbank Museum, about its unique campus, mission, and facilities.


Reducing The Discount Rate, Ben L. Trachtenberg Oct 2012

Reducing The Discount Rate, Ben L. Trachtenberg

Faculty Publications

This article presents two arguments against the “discounting” of future human lives as part of cost benefit analysis, or CBA. Our first argument is that because CBA has thus far ignored evidence of rising health care expenditures, it underestimates the “willingness to pay” for health and safety that future citizens will likely exhibit, thereby undervaluing their lives. Our second argument is that until recently CBA has ignored the trend of improved material conditions in developed countries, and most agencies continue to ignore it entirely. As time advances, residents of rich countries tend to live better and spend more, meaning that …


The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara Oct 2012

The Price They Pay: Protecting The Mother-Child Relationship Through The Use Of Prison Nurseries And Residential Parenting Programs, Anne E. Jbara

Indiana Law Journal

Over the past century, while advocates of prison nurseries have applauded their individual and societal benefits, opponents have criticized their touchy-feely undertones, arguing that children do not belong behind bars. New York instituted the first modern prison nursery program in 1901 at its Bedford Hills facility, and the nursery has existed ever since. The federal government and a number of other states have followed suit in developing programs that, to varying degrees, give mothers and infants an opportunity to remain together until the infant reaches a particular age. The requirements for such programs vary by state but generally only permit …


Breakfast And Lunch Participation In Massachusetts Schools, Center For Social Policy, University Of Massachusetts Boston, Massachusetts Budget And Policy Center, Massachusetts Law Reform Institute, Eos Foundation Oct 2012

Breakfast And Lunch Participation In Massachusetts Schools, Center For Social Policy, University Of Massachusetts Boston, Massachusetts Budget And Policy Center, Massachusetts Law Reform Institute, Eos Foundation

Center for Social Policy Publications

The Center for Social Policy at the University of Massachusetts Boston (CSP), the Massachusetts Budget and Policy Center (MassBudget), and the Massachusetts Law Reform Institute (MLRI), with support from the Eos Foundation, established a research team to examine school food and related programs in Massachusetts.

While the team developed an overview of all federally funded food programs in Massachusetts, the focus of our work was on school meal programs and several aspects of the Supplemental Nutritional Assistance Program (SNAP). The full project is composed of several individual pieces of research and analysis, most of which were primarily undertaken by one …


Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji Oct 2012

Bio-Cultural Knowledge And The Challenges Of Intellectual Property Rights Regimes For African Development, Ikechi Mgbeoji

Dalhousie Law Journal

African states have, since the colonial encounter, been part of the international regimes on intellectual property rights. Formal accession to various treaties and conventions on intellectual property rights instruments should not be mistaken for actual internalization of the policies, structures and norms required for reaping the promised benefits of participation in such regimes. There is ample evidence showing that most African states do not have the requisite structures for fruitful engagement with international intellectual property rights regimes. Until this anomaly is rectified, African states' engagement with international intellectual property regimes will remain structurally flawed and inimical to the human development …


Home Games: Legal Issues Concerning The Displacement Of Property Owners At The Site Of Olympic Venues, Jessica Blumert Oct 2012

Home Games: Legal Issues Concerning The Displacement Of Property Owners At The Site Of Olympic Venues, Jessica Blumert

Cardozo Journal of International and Comparative Law

The Olympics, as the world's largest mega event, often lead to human rights violations, particularly regarding the right to adequate housing, as host cities displace residents and businesses. The International Olympic Committee (IOC) has the unique ability to address these issues by incorporating binding human rights protections into its contracts with host countries, yet it has failed to enforce such standards effectively. The article argues that the IOC should amend its Charter to include specific housing rights criteria, drawing on international law and precedents from the European Court of Human Rights (ECtHR), to ensure compliance and protect vulnerable populations.


Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds Oct 2012

Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds

Law Student Publications

This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate’s ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values and meaningfully increases access to the …


Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove Oct 2012

Legal Tolerance Toward The Business Lie And The Puffery Defense: The Questionable Assumptions Of Contract Law, M. Neil Browne, Kathleen M.S. Hale, Maureen Cosgrove

Economics Faculty Publications

American contract law is supposed to facilitate the efficiency and fairness of market transactions between parties. Does the increasing success of the puffery defense in false advertising and securities cases further the fairness of transactions between companies with major advertising budgets and consumers? This Article contends that it does not.


Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law Oct 2012

Lawnotes, The St. Mary's University School Of Law Newsletter, St. Mary's University School Of Law

Law Notes

No abstract provided.


A Middle School Guide To Debate, Mock Trial And Critical Thinking, Gary W. Levvis Sep 2012

A Middle School Guide To Debate, Mock Trial And Critical Thinking, Gary W. Levvis

Torrington Articles

This book is a guide for middle school students trying to navigate the rules and strategies of debate and mock trial. Hopefully, it will also serve as a valuable tool for teachers and coaches and, in particular, for college students who are assisting middle school debate teams as a form of community engagement.


Slides: Session 3: Decision-Making And The Energy Poor, Andrew Yager Sep 2012

Slides: Session 3: Decision-Making And The Energy Poor, Andrew Yager

2012 Energy Justice Conference and Technology Exposition (September 17-18)

Presenter: Andrew Yager, United Nations Department of Economic and Social Affairs, Division for Sustainable Development

33 slides


Community Health Workers: A Front Line For Primary Care?, Lisa Sprague Sep 2012

Community Health Workers: A Front Line For Primary Care?, Lisa Sprague

National Health Policy Forum

Among the potential changes invoked in discussions on health system transformation, a need to revitalize primary care remains paramount. One way of doing this, most agree, is to move more in the direction of team-based care. Professionals such as physician assistants and nurse practitioners may be able to ease some of the physician’s clinical care load, but some populations also need help accessing services and basic health education in a familiar setting. Enter the community health worker (CHW), known by many titles and playing a variety of roles, who comes from the community he or she is serving and therefore …


The East African Community And Theclimate Change Agenda: An Inventory Of Theprogress, Hurdles, And Prospects, James Forole Jarso Sep 2012

The East African Community And Theclimate Change Agenda: An Inventory Of Theprogress, Hurdles, And Prospects, James Forole Jarso

Sustainable Development Law & Policy

No abstract provided.


Law Library Documentary Film Collection Pamphlet, University Of Nevada, Las Vegas -- William S. Boyd School Of Law Sep 2012

Law Library Documentary Film Collection Pamphlet, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Public Interest Law Film Festival

No abstract provided.


When Scientific Palmers Make Policy: The Impact And Future Of Cap-And-Trade In The United States, Sophia Hamilton Sep 2012

When Scientific Palmers Make Policy: The Impact And Future Of Cap-And-Trade In The United States, Sophia Hamilton

The Journal of Business, Entrepreneurship & the Law

No abstract provided.


Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier Sep 2012

Womenomics For Nursing Growth: Making The Case For Work Time Flexibility And Mother-Friendlier Workplaces, Gabriela Steier

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Farm To School In Mississippi: A Step-By-Step Guide To Purchasing Mississippi Products, Harvard Law School Food Law And Policy Clinic, Harvard Law School Mississippi Delta Project Sep 2012

Farm To School In Mississippi: A Step-By-Step Guide To Purchasing Mississippi Products, Harvard Law School Food Law And Policy Clinic, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

In a state with rich agricultural resources, lasting traditions of family farming, and a climate conducive to year-long growing seasons, why are Mississippi’s school children eating fruits and vegetables predominantly shipped from other states and countries? Farm to school programs that connect Mississippi farmers with schools offer a promising way to increase fruit and vegetable consumption for students while improving the economic viability of local farms. This step-by-step purchasing guide aims to help school food service directors in Mississippi start to purchase locally grown foods to be served in school meals.


Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke Sep 2012

Satmed: Legal Aspects Of The Physical Layer Of Satellite Telemedicine, Stephen Rooke

Michigan Journal of International Law

In 2003, Paul Hunt, the U.N. Commission on Human Rights' Special Rapporteur on the Right to Health, presented a report on the global availability of health care. Special Rapporteur Hunt argued that states are obligated to implement a right to health. Included in this right is the obligation "to ensure that no international agreement or policy adversely impacts upon the right to health, and that .. . international organizations take due account of the right to health, as well as the obligation of international assistance and cooperation, in all policy-making matters." One area Hunt left unexplored in his report was …


Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle Sep 2012

Racial And Ethnic Disparities In Post-Disaster Mental Health: Examining The Evidence Through A Lens Of Social Justice, Jonathan Purtle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones Sep 2012

Rising To The Surface: Disasters And Racial Health Disparities In American History, Marian Moser Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco Sep 2012

Advancing Culturally And Linguistically Appropriate Services At All Phases Of A Disaster, C. Godfrey Jacobs, Darci L. Graves, Jennifer Kenyon, Guadalupe Pacheco

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Potential Role Of Carbon Labeling In A Green Economy, Michael P. Vandenbergh, Mark A. Cohen Sep 2012

The Potential Role Of Carbon Labeling In A Green Economy, Michael P. Vandenbergh, Mark A. Cohen

Vanderbilt Law School Faculty Publications

Over the past several years, labeling schemes that focus on a wide range of environmental and social metrics have proliferated. Although little empirical evidence has been generated yet with respect to carbon footprint labels, much can be learned from our experience with similar product labels. We first review the theory and evidence on the role of product labeling in affecting consumer and firm behavior. Next, we consider the role of governments and nongovernmental organizations, concluding that international, multistakeholder organizations have a critical part to play in setting protocols and standards. We argue that it is important to consider the entire …


Determining Notoriety In Supreme Court Decisions , G. Edward White Aug 2012

Determining Notoriety In Supreme Court Decisions , G. Edward White

Pepperdine Law Review

No abstract provided.


Cognition: The Basis For Competency, Richard E. Finlayson Aug 2012

Cognition: The Basis For Competency, Richard E. Finlayson

Marquette Elder's Advisor

This column investigates different levels and types of cognitive impairment in later life and explains causes and reversibility/irreversibility of different types of dementia, and whether clinical conditions are likely to be recognized by the law as indications of competence.


Guardianship Mediation, Janice Grant Aug 2012

Guardianship Mediation, Janice Grant

Marquette Elder's Advisor

Court guardianship proceedings are designed to determine the need for a guardian. Mediation may be used to rather substitute voluntary services by allowing interested parties to offer suggestions for appropriate care. Grant discusses which cases may be appropriate or inappropriate for mediation and outlines a suggested mediation process. The advantages of maintaining greater autonomy and independence for the elderly are elaborated.


Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan Aug 2012

Aging In Place: Naturally Occuring Retirement Communities And Condominium Living, Ellen Hirsch De Haan

Marquette Elder's Advisor

As more and more senior citizens choose to grow older in familiar surroundings, condominium and community associations now may have to grapple with the problems encountered as members age, such as physical and mental impairment and incipient decrepitude. How association officers can (and should) deal with these situations as well as the legal issues involved is discussed at length.


Growth And Development Of The Assisted Industry, William F. Lasky Aug 2012

Growth And Development Of The Assisted Industry, William F. Lasky

Marquette Elder's Advisor

The U.S. General Accounting Office issued a report on quality of care and consumer protection issues in assisted living residences. This article presents an excerpt of William F. Lasky's testimony, on behalf of the Assisted Living Federation of America, at the Senate Special Committee on Aging hearing that addressed this report.


Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison Aug 2012

Cognitive Dysfunction, Medications, And Legal Issues, Antoinette Harrison

Marquette Elder's Advisor

Clients having difficulty reading or understanding legal documents may be experiencing the side effects of medications. The author argues that the most common causes of reversible dementia are medications, often resulting from self-medication by the older individual with over-the-counter medicines. This article discusses some common drugs and their side effects on cognitive functions.


Editorial Views: Choosing And Death, Alison Mcchrystal Barnes Aug 2012

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Marquette Elder's Advisor

This article examines whether death can be handled with dignity. By looking at various world views surrounding questions about ending one's life, the author discusses when the benefits may be diminished or futile.