Digital Commons Network^™

Digitally Unknown: Why The Ninth Circuit Should Wish To Remain Anonymous In In Re Anonymous Online Speakers, Brandon T. Crowther

BYU Law Review

No abstract provided.

Violence And Political Incivility, David B. Lyons

Faculty Scholarship

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 …

Evaluating The Performance Of The U.S. Social Safety Net In The Great Recession, Keith Gunnar Bentele

Center for Social Policy Publications

The following provides an assessment of the performance of both individual safety net programs and the cumulative impact of all safety net benefits and tax credits on household incomes in the early years during and following the 2007-09 recession. Specifically, I examine the extent to which various benefits and tax credits have moderated the impact of earnings losses for households in different positions in the income distribution, with special attention to the experiences of low-income households. In addition, I examine whether these moderating impacts differ for households of various racial/ethnic compositions, female-headed households, and residents of states with more and …

How Close Is “Too Close”, Lana Ciaramella

Pace Intellectual Property, Sports & Entertainment Law Forum

Lana Ciaramella writes an article on trade dress infringement. Her article discusses the standards of trade dress infringement, how they are applicable to private label products and how the courts have modified their view of trade dress infringement over time. She focuses on the landmark decision in McNeil Nutritionals, LLC v. Heartland Sweetners, which set a new precedent for treatment of trade dress infringement by private label manufacturers of brand name products.

Long-Term Services And Supports (Ltss): Arlington County's Integrated Approach, Carol O'Shaughnessy, Lisa Sprague

National Health Policy Forum

The National Health Policy Forum sponsored a local site visit looking at community-based aging programs and long-term services and supports (LTSS) in Arlington County, Virginia. Arlington County human services are integrated under an umbrella agency in the Department of Human Services (DHS) which administers multiple programs for the elderly and people with disabilities. These include the Older Americans Act services, Medicaid LTSS, transportation services, a nursing case management program, and mental health services for those living in nursing homes and assisted living facilities. Arlington County integrates its aging and disability programs under the auspices of an Administration on Aging-funded Aging …

The Right To Die: Definitional Inquiry And The Search For Truth, Bryan A. Kelley

Pepperdine Dispute Resolution Law Journal

This article explores the significant advantages of ADR techniques when dealing with elusive definitions in medical ethics. Part I briefly explores the meaning of definitional inquiry and justifies its important role in debate and achieving truth. Part II illustrates how confusion associated with certain terms leads to faulty reasoning, even in a recent Supreme Court decision. In Part III, some governmental sources of this confusion are revealed. Part IV illustrates the common use of rhetoric in the right-to-die debate as an appeal to emotion, rather than true meaning. Part V attempts to illustrate why this problem greatly affects the medical …

Renegotiating Third World Debt , Arash S. Arabi

Pepperdine Dispute Resolution Law Journal

The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …

The Integration Of The Ethic Of The Respectful Use Of Animals Into The Law, David Favre

Between the Species

This article develops an ethical construct of “respectful use” to govern the conduct of humans toward animals. The scope of the terms “use” and “respectful” are developed. Some guidelines for the discernment of respectful use of animals are suggested. Then the status of animals within the legal system is briefly considered. Within the law, the socially defined key term is “unnecessary” rather than respectful. Finally, the newer legal standard of duty of care is shown to be approaching the ethical concept of respectful use.

Health Law Outlook - Volume 5, Issue 2 (Spring 2012)

Health Law Outlook (archive)

Inside this issue:

• Improving Health Outcomes and Reintegration for Reentering Offenders: Healthcare Reform and Coordinated Care Through Targeted Holistic Services, Jessica Huening
• Regulating Health: Should Regulations on the Publication of Recent Avian Flu Research be Imposed?, Melissa Rifai
• Flynn v. Holder: A Slippery Slope Towards Organ Compensation?, Ryan Upchurch

Mid-Atlantic Ethics Committee Newsletter, Spring 2012

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Report Of The Military Leadership Diversity Commission: An Inadequate Basis For Lifting The Exclusion Of Women From Direct Ground Combat, Kingsley R. Browne

Law Faculty Research Publications

The recommendation of the Military Leadership Diversity Commission to lift the exclusion of women from ground combat is deeply irresponsible and cannot be taken seriously. The CommissionÕs lodestar was diversity, not military effectiveness, and it failed to take into consideration a wealth of information bearing on its recommendation. The CommissionÕs recommendation was based primarily on sources that cannot be considered authoritative, and the CommissionÕs analysis of the sources that it did consult was superficial and in conflict with some of the facts, as opposed to the Òspin,Ó contained in these very sources. The Commission substantially downplayed the sex difference in …

The Seed 2.0: Evolving Intellectual Property Rights Of Agricultural Germplasm, Jennifer Wai-Shing Maguire

Buffalo Intellectual Property Law Journal

No abstract provided.

Multiple Facets Of Damage Caused By Exposure To Low-Dose Radiation And The Legal Remedy, Yi-Chen Su, Peter W.S. Chang

Buffalo Environmental Law Journal

In addition to the toll in human life, there are at least three facets of damage caused by the protracted exposure to low-dose radiation: bodily injury, mental anguish, and property injury. After examining cases and compensation schemes in the United States and Taiwan, this article concludes that both the Taiwanese administrative compensation scheme and U.S. federal courts' interpretation of the Price-Anderson Act favor finding injury to the claimants' property, but not adverse effects to their health. To redress the injustice caused by the systemic bias, this article argues that the tort system should be adapted to tolerate gray area, such …

The Human Right To Water And Sanitation: From Political Commitments To Customary Rule?, Gonzalo Aguilar Cavallo

Pace International Law Review Online Companion

The human right to water and sanitation is not explicitly recognized in the International Bill of Human Rights. Some scholars deny the legal existence of this right. However, over the last three decades, a number of legal recognitions of certain aspects of this right in specific universal and regional human rights treaties have allowed scholars to evidence the existence of the legal right to water and sanitation. In addition, an increasing number of high level international documents and declarations explicitly recognize the existence of this right, as reflected in declarations of the European Union and the General Assembly of the …

Cosmetic Neurology: Enhancement Of The Mind And Attention Deficit Hyperactive Disorder Medication Abuse Among College Students, Mary M. Huff

Senior Honors Theses

Cosmetic neurology is becoming increasingly popular, and it is not just sleep deprived, over worked college students who are interested. People are beginning to seek off-label prescriptions for medications that are typically used to treat disorders such as attention deficit hyperactive disorder (ADHD) or narcolepsy, while researchers are trying to create drugs used solely for mind enhancement purposes. Along with these drugs come many legal and ethical quandaries relating to the regulation of current use as well as the what ifs of future possibilities. A survey was conducted among college students regarding the diagnosis of ADHD, the abuse of ADHD …

Fitness Tax Credits: Costs, Benefits, And Viability, Daniel M. Reach

Northwestern Journal of Law & Social Policy

As the number of overweight and obese Americans rises, it becomes increasingly clear that Americans need further incentives to stimulate lasting lifestyle changes. Tax incentives focused on exercise, which have been largely unexplored to this point, are an effective response to the growing obesity problem in the United States that would largely avoid the political opposition that tax policies focused on diet have encountered. In addition, they would also provide a more palatable solution for the taxpayer beneficiaries with a relatively low impact on government revenues. Viable tax incentives to encourage greater fitness include tax credits and sales tax breaks, …

Beyond Bailouts: Federal Tools For Preventing State Budget Crises, Brian D. Galle, Kirk J. Stark

Indiana Law Journal

More than two years after the official end of the Great Recession, state governments still face significant budget deficits that cannot be addressed without further drastic spending cuts or substantial revenue increases. The structural origins of the ongoing state fiscal crisis are well known. Excessively procyclical revenue structures, combined with spending obligations that increase with economic downturns, have resulted in a budget dynamic for the states that is not sustainable over the long term. The consensus solution to this problem is for states to save money during boom times (via budget stabilization or “rainy day” funds) and to draw on …

Rapid Re-Housing Of Families Experiencing Homelessness In Massachusetts: Maintaining Housing Stability, Tim H. Davis, Terry S. Lane

Center for Social Policy Publications

The American Recovery and Reinvestment Act of 2009 (“Recovery Act”) provided $1.5 billion for the Homelessness Prevention and Rapid Re-Housing Program (HPRP), a temporary program that addressed both homelessness prevention and rapid re-housing of families already experiencing homelessness. The U.S. Department of Housing and Urban Development (HUD) allocated $44.5 million, including $26.1 million to individual Massachusetts communities and $18.4 million to the Commonwealth of Massachusetts. Of its funds, the state allocated $8.3 million for rapid re-housing of families who were living in shelters or motels.

This report explores the experiences of 486 of these families who received rapid re-housing assistance …

Financial Literacy And Credit Cards: A Multi-Campus Survey, Marty Ludlum, Kris Tilker, David Ritter, Tammy W. Cowart, Weichu Xu, Brittany C. Smith

Accounting, Finance, Information Systems, and Business-Law Faculty Publications and Presentations

In America, credit cards on campus have been a disaster, leaving students buried in debt before graduation, often with little hope of paying off the debt before high fees and interest double the amount. This research details a multi-campus survey of current American college students and their use of credit cards. In the current project, we surveyed business students across five campuses in the United States (n=725) in fall, 2009. We found significant differences between students on their knowledge of credit cards and several demographic factors. We conclude by discussing the implications for further research in this area.

The Effects Of Tribal Governments On Reservation Poverty Rates, Heather Raisch

Political Science Theses and Capstones

Poverty rates on Indian reservations are far higher than the national average. Since Tribal Governments have at least some control over these reservations, to what extent are they to blame for these higher than average poverty rates? I look at each reservation and their type of government, constitution, policies and demographics to analyze the causes of their poverty as it relates to tribal government. There are many other pieces of research that are similar to this, but none looking specifically at the overall effects the government has on its community. My hypothesis is that communities with higher poverty rates tend …

S12rs Sgr No. 11 (Allergens), Westbrook

Student Senate Enrolled Legislation

No abstract provided.

The Plumpy'nut Predicament: Is Compulsory Licensing A Solution?, Umar R. Bakhsh

Chicago-Kent Journal of Intellectual Property

No abstract provided.

America's Energy Dependency: Will Government Regulation Of Caffeine Bring The Caffeine Companies To A Crash?, Rakesh J. Parikh

William & Mary Business Law Review

In light of Americans’ growing love affair with caffeinated products, this Note considers not only the possibility of future regulation of those products, but also the effect that regulation would have on caffeinated product-producing companies. While there is no certainty that such regulation is in our future, the regulation of market-similar products like tobacco and alcohol, and regulations abroad on heavily caffeinated drinks, suggest American regulation of caffeinated products to be a distinct possibility. This would be a serious concern for caffeine companies, who could face reduced access to target markets as a result of FDA-imposed limitations, whether by age …

Barking Up The Wrong Tree: Companion Animals, Emotional Damages And The Judiciary's Failure To Keep Pace, Sabrina Defabritiis

Northern Illinois University Law Review

What is the value of afternoon walks in the park? Evenings spent relaxing on a living room sofa? A wet face licking and waging tail every day when you come home? If posed to a pet owner, the answer to these three questions will likely be one word: priceless. Recovery at law for the death or injury to a pet, however, not only has a price, but that price is measured solely by the pet's market value. The role companion animals serve in the American household has evolved: Once property used to derive an economic benefit; pets are now family …

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

Faculty Scholarship

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 Affordable Care Act And Health Promotion: The Role Of Insurance In Defining Responsibility For Health Risks And Costs, Wendy K. Mariner

Faculty Scholarship

This article examines whether insurance is an appropriate mechanism for improving individual health or reducing the cost of health care for payers. The Affordable Care Act contains implicit standards for allocating responsibility for health, especially in provisions encouraging health promotion and wellness programs. A summary of the accumulating evidence of the effects of such programs suggests that wellness programs have been somewhat more effective in making people feel better than in reducing costs. Health promotion should be encouraged, because health is valuable for its own sake. Insurance is not well suited to improve health or manage behavioral risks to health; …

Goodyear And Nicastro: Observations From A Transnational And Comparative Perspective, Linda J. Silberman

South Carolina Law Review

No abstract provided.

Sayonara To Fair Play And Substantial Justice, Howard B. Stravitz

South Carolina Law Review

No abstract provided.

Release As Remedy For Excessive Punishment, Alexander A. Reinert

William & Mary Law Review

Although the Eighth Amendment’s prohibition on “cruel and unusual” punishment means different things in different contexts, it plainly forecloses state and federal actors from choosing ex ante to impose a punishment that is either disproportionate or inconsistent with minimum standards of decency. In other words, the Eighth Amendment mandates that no punishment be imposed if the only other choice on the table is an unconstitutional punishment. Although this principle can be gleaned from the disparate strands of Eighth Amendment jurisprudence, its remedial consequence has not been fully implemented. In this Article, I propose that providing a remedy of release from …

Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen

Cardozo Public Law, Policy & Ethics Journal

The note argues that governmental intervention into parental rights regarding childhood obesity is constitutionally justifiable under strict scrutiny, as it serves the compelling interests of both the child's well-being and societal welfare. While the constitutional right to privacy in parenting is fundamental, it is not absolute, and the growing public health crisis of childhood obesity necessitates narrowly tailored measures to hold parents accountable. The analysis proposes that existing legal frameworks, such as neglect statutes, can be effectively applied to address severe cases of childhood obesity, balancing individual rights with public health needs.