Digital Commons Network^™

S-Comm: Shattering Communities, Hannah Weinstein

Cardozo Public Law, Policy & Ethics Journal

The note argues that the Secure Communities program, initiated by the Department of Homeland Security (DHS) in 2008, operates unlawfully under the Administrative Procedure Act (APA) and raises significant constitutional concerns. By bypassing notice-and-comment requirements and failing to address public concerns, the program has led to racial profiling, pretextual arrests, and widespread detention of noncriminal individuals, undermining its stated goals and eroding community trust in law enforcement. The analysis calls for immediate cessation of the program and congressional funding due to its legal violations and harmful consequences.

Release As Remedy For Excessive Punishment, Alexander A. Reinert

Articles

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 …

Medicines That Kill, Lina Ahmed Abushouk

Annual Undergraduate Conference on Health and Society

The prevalence of counterfeit drugs on the African continent has been increasing at an alarming rate. “Medicines that Kill” is a research paper that attempts to analyze the factors that make African countries particularly susceptible to this global threat. Nigeria, a country that has had some of the highest rates of counterfeit drugs in the world, is the main case study for this paper. Its efforts to combat the issue are compared and contrasted with those of Tanzania and Kenya in an attempt to understand what aspects of the issue are unique to Africa and the methods that have been …

Of Backyard Chickens And Front Yard Gardens: The Conflict Between Local Governments And Locavores, Sarah Schindler

Sturm College of Law: Faculty Scholarship

Locavores aim to source their food locally. Many locavores are also concerned more broadly with living sustainably and decreasing reliance on industrial agriculture. As more people have joined the locavore movement, including many who reside in urban and suburban areas, conflict has emerged between the locavores’ desires to use their private property to produce food — for personal use and for sale — and municipal zoning ordinances that seek to separate agriculture from residential uses. In this article, I consider the evolution of this conflict and its implications for our systems of land use, local government, and environmental law. Specifically, …

Vol. 42, No. 10 (March 26, 2012)

Indiana Law Annotated

No abstract provided.

Personal Reflections On Extremely Premature Newborns: Vitalism, Treatment Decisions, And Ethical Permissibility, William J. Winslade

Georgia State University Law Review

No abstract provided.

The Baby Doe Regulations And Tragic Choices At The Bedside: Accepting The Limits Of "Good Process", Ellen Waldman

Georgia State University Law Review

No abstract provided.

Playing God With Baby Doe: Quality Of Life And Unpredictable Life Standards At The Start Of Life, Anita Silvers

Georgia State University Law Review

No abstract provided.

Baby Doe At Twenty Five, Charity Scott

Georgia State University Law Review

No abstract provided.

Why The Capta's Baby Doe Rules Should Be Rejected In Favor Of The Best Interests Standard, Loretta M. Kopelman

Georgia State University Law Review

No abstract provided.

Baby Doe And Beyond: Examining The Practical And Philosophical Influences Impacting Medical Decision-Making On Behalf Of Marginally-Viable Newborns, Craig A. Conway

Georgia State University Law Review

No abstract provided.

Are There Checks And Balances On Terminating The Lives Of Children With Disabilities? Should There Be?, Thomas J. Balch

Georgia State University Law Review

No abstract provided.

Health State Health Planning And Development: Amend Title 31 Of The Official Code Of Georgia Annotated, Relating To Health, So As To Provide For Extensive Revision Of The Certificate Of Need Program; Revise And Add Definitions; Revise The Declaration Of Policy For State Health Planning; Revise The Composition And Duties Of The Health Strategies Council; Revise The Duties Of The Department Of Community Health; Revise Provisions Relating To Requirements For Certificate Of Need; Provide For Destination Cancer Hospitals; Allow For Set Times To Accept Applications For Capital Projects; Provide For The Establishment Of Conditions For Approval Of A Certificate Of Need; Change Certain Provisions Relating To Perinatal Services; Provide For Certain Facilities To Divide; Change Certain Provisions Relating To Considerations; Provide For A Letter Of Intent For Proposed New Clinical Health Services; Provide For Batching And Comparative Review Of Applications For Clinical Health Services; Revise Provisions Relating To Time Frames For Review Of Applications; Provide For The Imposition Of A Temporary Moratorium On The Issuance Of Certificates Of Need For New And Emerging Health Care Services; Reassign The Hearing Functions From The Health Planning Review Board To A Certificate Of Need Appeal Panel; Revise Provisions Relating To Judicial Review Of Final Agency Decision; Add Grounds For Which A Certificate Of Need May Be Revoked; Provide That A Portion Of A Certificate Of Need May Be Revoked Under Certain Circumstances; Increase The Penalties For Services Conducted Without A Required Certificate Of Need; Provide For Investigating Authority Of The Department; Provide That Applicants For Certificates Of Need May Be Required To Participate As A Provider Of Medical Assistance For Purposes Of Medicaid; Change Certain Provisions Relating To An Annual Report; Add, Revise, And Delete Certain Exemptions To The Certificate Of Need Requirements; Authorize The Department Of Community Health To Require Notice And Its Certification That An Activity Is Exempt From The Certificate Of Need Requirements; Provide For The Transfer Of Certain Functions Relating To The State Health Plan To The Board Of Community Health From The Health Strategies Council; Abolish The Health Planning Review Board; Transfer Pending Matters Of The Health Planning Review Board To The Certificate Of Need Appeal Panel; Revise A Provision Relating To Application Of Review Procedures To Expenditures Under A Federal Law; Require Health Care Facilities And Other Entities To Submit Annual Reports To The Department Of Community Health; Increase The Penalties For Untimely And Incomplete Reports; Transfer Licensing Of Hospitals And Other Health Care Facilities From The Department Of Human Resources To The Department Of Community Health; Provide For Transition; Provide For Licensure Standards On A Clinical Service Level For Hospitals And Related Institutions; Amend Various Other Titles Of The Official Code Of Georgia Annotated So As Revise Provisions For Purposes Of Conformity; Provide For Related Matters; Provide For An Effective Date; Repeal Conflicting Laws; And For Other Purposes, Georgia State University Law Review

Georgia State University Law Review

The Act defines destination cancer hospital and includes this type of hospital within the definition of health care facility. A destination cancer hospital will not be required to apply for or obtain certificates of need for new institutional health services. The Act requires destination cancer hospitals to provide a minimum amount of uncompensated, charitable care to Georgia residents and provides for fines if less than 65% if its patients are not Georgia residents. The Act classifies general surgeons as a single specialty for purposes of the certificate of need process. The Act allows two closely related specialties to be classified …

A Copyright Law For A Social Species, Robert E. Suggs

Faculty Scholarship

Arguments about the proper scope of copyright protection focus on the economic consequences of varying degrees of protection. Most analysts view copyright as an economic phenomenon, and the size and health of our copyright industries measure the success of copyright policies. The constitutional text granting Congress the copyright power and the nature of special interest lobbying naturally create this economic focus; but this is a serious mistake. An exclusively economic focus makes no more sense than measuring the nutritional merits of our food supply from the size and profitability of the fast food industry.

The expressive culture that copyright protects …

Empowering States: The Need To Limit Federal Preemption, Erwin Chemerinsky

Pepperdine Law Review

No abstract provided.

In The Aftermath Of The Terri Schiavo Case: Resolving End-Of-Life Disputes Through Alternative Dispute Resolution, Alisa L. Geller

Pepperdine Dispute Resolution Law Journal

Imagine yourself the proud parent of an adult daughter. You have spent many years nurturing your precious child so that she may excel in the world. Just as all of your dreams for her are coming true, the news no parent wants to hear was delivered. Your daughter lost control of her car, the vehicle overturned and she was found lying face down in a ditch. You gasped. You expected the worst. A tragic end to a life yet lived. Then, the good news was delivered. You breathed a sigh of relief. You learned she survived. She was in a …

Making U.S. Trade Policy Serve Global Food Security Goals, Karen Hansen-Kuhn

Sustainable Development Law & Policy

No abstract provided.

Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

International Regulatory Arbitrage Resulting From Dodd-Frank Derivatives Regulation, Benjamin M. Weadon

North Carolina Banking Institute

No abstract provided.

Alternative Strategies For Addressing The Presence And Effects Of Pharmaceutical And Personal Care Products In Fresh Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent years, new information has arisen to challenge this assumption. Chemicals from a wide variety of pharmaceutical and personal care products ("PPCPs"), their byproducts and endocrine disrupting compounds ("EDCs") have received growing attention from the water treatment and wastewater treatment community because of the ability of PPCPs to persist, or only partially degrade, in water and during wastewater treatment.

Several federal agencies, including the EnvironmentAl Protection Agency ("EPA"), the Food and Drug Administration ("FDA"), the U.S. Department of Agriculture ("USDA"), the U.S. Geological Survey ("USGS"), and the Centers for Disease Control and Prevention ("CDC"), have the potential to be …

Best Practices For Effective Corporate Crisis Management: A Breakdown Of Crisis Stages Through The Utilization Of Case Studies, Katelyn Smith

Journalism

In the most recent decade, there has been a shortage of effectively managed corporate crises. This study is meant to discover the reasons behind the ineffective crisis management responses through the inspection of past corporate case studies in crisis management, as well as what can be done to help corporations use crisis management more effectively. The best practices in effective corporate crisis management in the three different stages of a crisis were attained through the utilization of case studies and expert opinions. The recommendations for practice include making pre-planning and evaluation regarded as more important in crisis management plans, choosing …

Doping Control, Mandatory Arbitration, And Process Dangers For Accused Athletes In International Sports , Maureen A. Weston

Pepperdine Dispute Resolution Law Journal

Athletes in a professional sports league in the United States are members of players unions, which assist their athletes in obtaining representation when they are involved in dispute resolution proceedings associated with disciplinary actions. However, individual athletes who participate in international competitions do not enjoy the same benefits. When these athletes are required to submit to mandatory drug testing, with attendant potential criminal liability, and to mandatory arbitration, they should be provided meaningful access to competent legal representation when their athletic careers are in jeopardy. This article considers the legal framework, process, and recourse for athletes in international competition to …

Older Americans Act Of 1965: Programs And Funding, Carol O'Shaughnessy

National Health Policy Forum

This document offers a basic description of the Older Americans Act of 1965. The Act is considered the major vehicle for promoting the delivery of social services to the aging population. The Act's seven titles and multiple programs are described, along with a chart showing fiscal year 2012 federal appropriations.

Happiness, Efficiency, And The Promise Of Decisional Equity: From Outcome To Process, Jeffrey L. Harrison

Pepperdine Law Review

Those who resist the teachings of law and economics are rightfully concerned that economic efficiency is largely based on the predictions of relatively acquisitive people about what will make them feel or be better off. Due to a variety of factors, these predictions often turn out to be wrong. The explosion in happiness research would appear to have the potential to close the link between choices and actual outcomes and, consequently, make the concept of efficiency more meaningful. This Article explores this promising advance. It concludes that direct focus on one concept or another of happiness or "better-off-ness" does not …

The Misuse Of Abuse: Restricting Evidence Of Battered Child Syndrome, Kip Nelson

Law and Contemporary Problems

No abstract provided.

Standards And Related Intellectual Property Issues For Climate Change Technology, Jorge Contreras

Working Papers

Almost every product sold today must conform to standards, whether relating to its design, manufacture, operation, testing, safety, sale or disposal, and sometimes to many of these at once. At their root, standards are no more than written requirements or design features of a product, service or other activity. They can be breathtakingly detailed or disarmingly general, ranging from thousands of pages in length to just a few sentences. Standards are set by a wide range of bodies, from governmental agencies to industry consortia to multinational treaty organizations. Some standards are adopted into local, state or federal legislation and attain …

Revenue And Taxation Hb 385 388, Georgia State University Law Review

Georgia State University Law Review

No abstract provided.

Age Of An Information Revolution: The Direct-To-Consumer Genetic Testing Industry And The Need For A Holistic Regulatory Approach, Michelle D. Irick

San Diego Law Review

In order to safeguard consumers and ensure the continued progress of a fledgling industry, determining how to interpret results and communicate them with consumers poses one of the most challenging and important tasks. In discussing the challenges the law faces in this area, this Comment will discuss: (1) consumer interfacing issues, such as in advertising and results analysis, faced by the genetic testing industry; (2) the methods DTC companies use in arriving at results and corresponding problems; (3) who may interpret and communicate results; (4) how the DTC genetic testing industry's activities relate to the claims made regarding test results; …

Ndls Update 01/24/2012, Notre Dame Law School

NDLS Update

No abstract provided.

Brief Of Amici Curiae Jewish Alliance For Law, Social Action (Jalsa), Jewish Council On Urban Affairs (Jcua), Jewish Social Policy Action Network (Jspan), New England Jewish Labor Committee (Jlc), And Professor Abigail R. Moncrieff In Support, Abigail Moncrieff, Andrew Fischer

Faculty Scholarship

The minimum coverage provision does not require individuals to purchase any unique product or service but rather requires a standardized financial contribution to the national healthcare infrastructure from all legal residents who are able to pay – a kind of requirement that has never been found unduly or even unusually restrictive of individual liberty.