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Life, Liberty, And The Pursuit Of Death Of The Inconvenient Other , Jonathan Penn

Marquette Elder's Advisor

This article looks at end-of-life issues, focusing on physician-assisted suicide, whether the United States government's numerous responsibilities created by the Older Americans Act and other similar acts, such as the government's financial limitations, and a growing elderly population will lead to a deterioration of society's view of elders and a legitimization and acceptance of assisted suicide.

Poor Women And The Protective State, Khiara M. Bridges

UC Law Journal

This Article puts poor, pregnant women’s current experience with the state into conversation with the science of prenatal and early childhood brain development and looks at the effect on women’s autonomy of government regulation of individual behaviors that may harm fetal brain development. Drawing upon ethnographic fieldwork with poor, pregnant women that reveals that indigent women’s current experience with the regulatory state is one in which their autonomy is already grossly compromised, this Article argues that the infringement on vulnerable populations’ privacy rights is guaranteed should the government attempt to manage or reduce assaults on prenatal brain development through the …

A Union Of Amateurs: A Legal Blueprint To Reshape Big-Time College Athletics, Nicholas Fram, T. Ward Frampton

Buffalo Law Review

No abstract provided.

Bridging Developmental Neuroscience And The Law: Child-Caregiver Relationships, Ross A. Thompson

UC Law Journal

Advances in neuroscience are changing understanding of the biological foundations of human development and have implications for legal analysis. As with any period of rapid scientific progress, however, new ideas are subject to misinterpretation and errors in application. This Article offers guidance on how to avoid such problems and consider carefully the applications of developmental neuroscience to legal policy and practice, with a particular emphasis on caregiver-child relationships. Three principles are discussed. First, the most confident applications of developmental neuroscience to legal policy occur when the conclusions of neuroscience are consistent with those of behavioral research. This is because their …

Fetal Risks Of Environmental Chemicals: The Motherisk Approach To The Organic Mercury Fish Consumption Scare, Zahra Jahedmotlage, Kathie Schoeman, John Bend, Gideon Koren

UC Law Journal

While fish is rich in essential nutrients and women are encouraged to consume fish products, fish may contain methylmercury, which is an established neurotoxin to the fetus. Not surprisingly, there are high levels of anxiety among women of reproductive age regarding fish consumption. To be able to counsel women in this complex area, we have developed a two-step program: (1) probing women of reproductive age for their perceptions regarding the safety of consuming fish, and (2) piloting an intervention program with women of reproductive age to ensure mercury levels are below the recently proposed Lowest Observable Adverse Effect Level. This …

The Neurobiology Of Attachment To Nurturing And Abusive Caregivers, Regina M. Sullivan

UC Law Journal

Decades of research have shown that childhood experiences interact with our genetics to change the structure and function of the brain. Within the range of normal experiences, this system enables the brain to be modified during development to adapt to various environments and cultures. Experiences with and attachment to the caregiver appear particularly important, and recent research suggests this may be due, in part, to the attachment circuitry within the brain. Children have brain circuitry to ensure attachment to their caregivers. Attachment depends on the offspring learning about the caregiver in a process that begins prenatally and continues through most …

Creating A Clearinghouse To Evaluate Environmental Risks To Fetal Development, Kate E. Bloch

UC Law Journal

In this Article, the Author explores current challenges to accessing and evaluating information about environmental risks to fetal development. She investigates these challenges within the context of the existing regulatory framework for environmental risks. As a result of this analysis, she highlights the need for and proposes creating an independent non-profit umbrella organization—a clearinghouse—to collect, distill, interpret, and make accessible the research on environmental threats to fetal development and to apply that research to evaluating relevant U.S. policy. The Author defines broadly the research on fetal development that lies within the charge of the clearinghouse to include not only research …

Medical Devices Excise Tax (Mdet) — A Market-Specific Vat?, Richard Thompson Ainsworth, Andrew Shact, Gail Wasylyshyn

Faculty Scholarship

VATs flourish in complex, clearly defined markets. New York discovered this when it converted its single-stage retail sales tax on hotel rooms, the Hotel Room Occupancy Tax (HROT), into a multi-stage European-style VAT. The HROT VAT-conversion demonstrates that (a) in a clearly defined market where (b) a single stage tax is imposed on (c) only part of a complex supply chain that (d) losses attributable to supply-chain-fragmentation can be remedied by moving to a multi-stage VAT.

The Medical Devices Excise Tax (MDET) imposes as 2.3% excise tax on the sale by manufacturers, producers or importers of clearly identified medical devises …

Risk Governance Of Genetically Modified Organisms In Europe And China, Wen Xiang

Global Environmental Law at a Crossroads

Biotechnology may provide a variety of societal benefits but may also threaten established interests and values, and human and environmental well-being. The safety of GM crops and foods is an issue that causes great public concern and stringent regulation in European countries and several developing countries. Risk governance of GMOs is required to facilitate the commercialization of the biotechnology and also to act as a mechanism of controlling potential risk.

It is generally recognized that the governance shall be done on the basis of a risk analysis framework. Risk analysis can be broadly defined as an integrated process consisting of …

Greening The Au Economy- Adapting To Climate Change Along A Low Carbon Development Pathway, Michelle Van Der Walt

Global Environmental Law at a Crossroads

According to the United Nations Human Development Report of 2007 climate change is the defining human development challenge of the 21st Century. One of the major global contributors towards climate change is green house gas (GHG) emissions resulting from energy use connected with the combustion of fossil fuels. On account of its low per capita energy consumption, Africa contributes relatively little towards over-all energy related GHG emissions. Notwithstanding, the global effects of climate change will impact negatively on the developmental path of the African continent in areas such as agriculture; access to fresh water; biodiversity; food security and health thereby …

Food Fight: A Case Study Of The Community Food Security Coalition’S Campaign For A Fair Farm Bill, Marni Salmon

Capstone Collection

The farm bill is an all-encompassing piece of legislation that is reauthorized approximately every five years and establishes federal policy for everything from farm subsidies and crop insurance to energy, conservation, food stamps and school lunches. The current law expires at the end of September 2012. Reauthorization of the farm bill represents the single largest opportunity to reform the policies that shape food systems in the United States. The Community Food Security Coalition (CFSC) is campaigning to improve access to healthy food by increasing links with family farmers and to strengthen local and regional food systems. This case study traces …

Rethinking Microfinance, Lan Cao

Faculty Publications

No abstract provided.

Dam Complications In Senegal: How River Dams May Hurt More Than Help Vulnerable Populations In Water-Stressed Regions, Colleen Diessner

Journal of Environmental and Sustainability Law

No abstract provided.

Importing The Flawless Girl, Kit Johnson

Nevada Law Journal

No abstract provided.

Global Health Justice: A Perspective From The Global South On A Framework Convention On Global Health, Lawrence O. Gostin, Ames Dhai

Georgetown Law Faculty Publications and Other Works

A global coalition of civil society and academics recently launched the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI), which is developing a post-Millennium Development Goal (MDG) framework for global health. JALI’s mission is the achievement of a global health treaty based on the right to health—a Framework Convention on Global Health (FCGH). The FCGH proposes establishing fair terms of international co-operation, with agreed-upon mutually binding obligations to create enduring health system capacities, meet basic survival needs, and reduce unconscionable inequalities in global health. States that bear a disproportionate burden of disease have the least …

The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone

Georgia State University Law Review

No abstract provided.

Free Riding On Benevolence: Collective Action Federalism And The Minimum Coverage Provision, Neil S. Siegel

Law and Contemporary Problems

Opponents of the minimum coverage provision in the Patient Protection and Affordable Care Act (ACA) argue that this “individual mandate” is beyond the scope of Congress’s commerce power because it regulates the “inactivity” of not purchasing health insurance. Defenders of the provision argue that it regulates the “activity” of participating in the interstate health care market, including by obtaining health care without paying for it. This Article argues that the distinction between inactivity and activity is irrelevant to the limits of the commerce power.

Drawing from the theory of collective action federalism that he recently articulated with Robert Cooter, the …

The Uneasy Case For The Affordable Care Act, Stephen E. Sachs

Law and Contemporary Problems

The constitutionality of the Affordable Care Act is sometimes said to be an "easy" question, with the Act's opponents relying more on fringe political ideology than mainstream legal arguments. This essay disagrees. While the mandate may win in the end, it won't be easy, and the arguments against it sound in law rather than politics.

Written to accompany and respond to Erwin Chemerinsky's essay in the same symposium, this essay argues that each substantive defense of the mandate is subject to doubt. While Congress could have avoided the issue by using its taxing power, it chose not to do so. …

A Mandate For Mandates: Is The Individual Health Insurance Case A Slippery Slope? , Ilya Somin

Law and Contemporary Problems

No abstract provided.

A Framework Convention On Global Health: Health For All, Justice For All, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Health inequalities represent perhaps the most consequential global health challenge and yet they persist despite increased funding and innovative programs. The United Nations is revising the Millennium Development Goals (MDGs) that will shape the world for many years to come. What would a transformative post-MDG framework for global health justice look like? A global coalition of civil society and academics—the Joint Action and Learning Initiative on National and Global Responsibilities for Health (JALI)—has formed an international campaign to advocate for a Framework Convention on Global Health (FCGH). Recently endorsed by the UN Secretary-General, the FCGH would reimagine global governance for …

Dreams Deferred - Why In-State College Tuition Rates Are Not A Benefit Under The Iirira And How This Interpretation Violates The Spirit Of Plyler, Laura A. Hernandez

Cornell Journal of Law and Public Policy

No abstract provided.

Cornography: Perverse Incentives And The United States Corn Subsidy, Anthony Kammer

Journal of Food Law & Policy

Among the most important functions we have afforded to the U.S. Congress is the power to reshape social and economic incentive structures through legislation. Proceeding from the enumerated powers under the Constitution and using a complex toolbox of legislative and regulatory innovations, the federal legislature has enormous power to transform the types of behavior that people will perceive as self-interested throughout our economy and thus how those same people are likely to act. Congress can, among other things, create new forms of criminal and civil liability, establish entitlement systems, subsidize industries, encourage behavior through the tax code, regulate interactions among …

Children's Rights And A Capabilities Approach: The Question Of Special Priority, Martha Craven Nussbaum, Rosalind Dixon

Public Law and Legal Theory Working Papers

The latter part of the twentieth century saw the near-universal recognition of the idea of children’s rights as human rights. At the same time, the conceptual basis for such rights remains largely under-theorized. Part of the aim of this Article is to draw on the insights of the “capabilities approach” developed by Martha Nussbaum in philosophy, and Amartya Sen in economics, in order to provide a fuller theoretical justification of this kind. In addition, this Article investigates the degree to which it will be justifiable, under such an approach, for international human rights law or national constitutions, to give special …

Violence And Poltical Incivility, David Lyons

Mercer Law Review

The charge to our panel refers to "the deterioration of the political conversation," to "deep ... divisions in society," and to recent violence- especially the tragic events in Tuscon. It asks us to identify "the virtues required.for our common life as citizens in a democracy and for civil democratic conversation." I shall offer observations and conjectures on each issue, stressing the historical background.

Let me suggest, first,. that the nonconstructive and increasingly abusive character of our political discourse may be relatively mild manifestations of an even more troubling malaise of our society- commonplace unlawful violence. I wish to draw your …

Climate Change, Environmental Degradation, And Migration: A Complex Nexus, Mostafa Mahmud Naser

William & Mary Environmental Law and Policy Review

The individual or combined effects of climate change are likely to trigger mass human movement both within and across international borders. The United Nations High Commissioner for Refugees (“UNHCR”) predicts that between 50 and 200 million people may be displaced by 2050. Thus, the human impact on the environment is creating a new kind of global casualty for the twenty-first century—an emergent class of environmental migrants. The exact number of individuals cannot be predicted as scholars and international agencies provide varying statistics depending on underlying methods, scenarios, time frames, and assumptions. Many authors challenge the concept of climate change as …

The Costs And Impacts Of Rising Food Prices Among Low-Income Households, Elaine Waxman

Journal of Food Law & Policy

The pressure of rising food prices on low-income households is often assumed to be primarily an issue for developing economies, where fluctuations in food staple prices can have dramatic consequences for food security and social and political stability. Observers often note that Americans benefit from relatively low food prices and spend far less to feed their families than their counterparts in many other parts of the world. Indeed, the average American household spent 7.6% of their household expenditures on food purchases at home in 2009, while the comparable percentage exceeded 40% of household expenditures in diverse countries such as Mexico, …

European Union Food Law Update, Emilie Majster

Journal of Food Law & Policy

Nutrition is increasingly important in both the European Union (EU) and in global food-related policy making. Governments, which up until recently have focused on regulating food products based on a food safety perspective, are now turning to regulate from a nutritional aspect.

Cows V. Capitalists: Visions Of A Post-Carbon Economy, Alison Peck

Journal of Food Law & Policy

I was tempted to entitle this book review something like, "Why the Farm Bill Is the Key to Our Energy Future (Hint: It's Not About Ethanol, Methane Emissions, or Carbon Sinks)." But in addition to being too long to fit across the header of a law review page, such a title would have been slightly misleading. Actually, in Simon Fairlie's view, our future is about ethanol, methane emissions, and carbon sinks - but not in the way our current agricultural policies understand and deal with these subjects.

Global Food Security: In Our National Interest, David P. Lambert

Journal of Food Law & Policy

All Americans have a direct stake in the problem of global hunger, which has many dimensions. For most of us it is a profound moral issue, and we are guided by our faith to respond.

Eco-Labeling: An Argument For Regulation And Reform, Lauren Sherman

Pomona Senior Theses

This thesis analyzes the strengths and weaknesses of various types of eco-labels, focusing primarily on differences between mandatory and voluntary eco-labeling programs. I argue that many of the problems with eco-labeling could be addressed by improving regulations. The current regulation of eco-labeling in the United States is discussed, especially the shortcomings of the FTC’s Green Guides. I recommend creating enforceable national legislation to regulate environmental claims that includes involvement of key stakeholders, a list of acceptable environmental claims, enforceable national definitions of environmental terms, an avenue for manufacturers and consumers to challenge environmental claims, consumer education, and periodic review and …