Digital Commons Network^™

Applying Holder In An Irregular War, Ellen Porter

Public Interest Law Reporter

No abstract provided.

The Assault On Bad Food: Tobacco-Style Litigation As An Element Of The Comprehensive Scheme To Fight Obesity, Jada Fehn

Faculty Scholarship

This article provides a summary of the obesity epidemic - the economic costs and importantly, some causes. The need for a comprehensive scheme will be explained by examining the shortfalls of current regulatory mechanisms. Next, this article will explain the three waves of tobacco litigation, the strategy involved in each, and why the third wave left an impact. Then, the current status of food litigation will be explained. Next, applying the tobacco model to big food, this article will make it clear that discovery is crucial in several respects. Lastly, an explicit call to action and a battle plan will …

Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low

Richmond Journal of Global Law & Business

As World Trade Organization (“WTO”) Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade and human rights to an extent unparalleled in the culturally disparate and near-unmanageable, 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of …

Food Safety And Risk Governance In Globalized Markets, Sandra Hoffmann, William Harder

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Primary & Secondary Education

The Journal of Law and Education

No abstract provided.

No Need To Break New Ground: A Response To The Supreme Court’S Threat To Overhaul The Commercial Speech Doctrine, Jennifer L. Pomeranz

Loyola of Los Angeles Law Review

Commercial speech and core speech are fundamentally different, and the basis for their current First Amendment protections reflects this understanding. The purpose for protecting each type of speech is unique, and the ability of the government to compel or restrict such speech differs. Two distinct analytical frameworks and two different tiers of protection have emerged.

The U.S. Supreme Court has afforded protection against unwarranted restriction of commercial speech by applying intermediate scrutiny under the test that it established in Central Hudson Gas & Electric Corp. v. Public Service Commission. On the other hand, the Court has subjected regulations of …

Arctic Justice: Addressing Persistent Organic Pollutants, Elizabeth Burleson, Stephanie Dodson Dougherty

Minnesota Journal of Law & Inequality

No abstract provided.

Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools., Nadia N. Sawicki

Faculty Publications & Other Works

No abstract provided.

The Politics Of Physical Education Reform, Ari Zyskind

CMC Senior Theses

The purpose of the paper is to determine why today's youth are so physically inactive by examining the role and efforts of physical education, and the state and federal governments responsibility in supporting these programs, in fighting today's obesity epidemic by creating generations of healthy and physically active children. Research led to the determination that states have failed to maintain and improve physical education resulting in a physically inactive youth. Therefore, the nation should look to federal legislation to support state-led physical education, which this paper found to be constitutional if the enactments followed the provisions established in South Dakota …

The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez

Faculty Articles

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …

Implementing Article 32 Of The Convention On The Rights Of The Child As A Domestic Statute: Protecting Children From Abusive Labor Practices, Hillary V. Kistenbroker

Case Western Reserve Journal of International Law

No abstract provided.

Specious Claims And Global Settlements, S. Todd Brown

Journal Articles

Few problems are more disruptive to the efficient negotiation and operation of comprehensive mass tort settlements than oversubscription, which, at times, appears to be fueled primarily by specious claims. In settlements with opt out rights, a flood of claims can generate a market for lemons, with the weakest claims submitted to the settlement and the strongest opting out and seeking recovery at trial or in private settlement. In binding settlements, they may result in a commons problem, requiring dramatic reductions in payment that effectively transfer recoveries from those with intrinsically strong claims to those with weak claims.

This Article evaluates …

Breastfeeding In Custody Proceedings: A Modern-Day Manifestation Of Liberal And Conservative Family Traditions, Kate Baxter-Kauf

Richmond Public Interest Law Review

This Comment contends that cultural and legal representations of breastfeeding in custody determinations highlight contradictory notions of motherhood and family that mirror liberal and conservative family traditions thought to be long dead.

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

Richmond Public Interest Law Review

coverage seems to have become overshadowed. 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 …

A Public Health Perspective On Health Care Reform, Micah L. Berman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Constitutionality Of Current Legal Barriers To Telemedicine In The United States: Analysis And Future Directions Of Its Relationship To National And International Health Care Reform, Amar Gupta, Deth Sao

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Bending The Health Cost Curve: The Promise And Peril Of The Independent Payment Advisory Board, Ann Marie Marciarille, J. Bradford Delong

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Symposium: The Future Of Food Regulation -- Introduction, Wendy E. Wagner

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Signs Of Change Or Clash Of Symbols ? Fda Regulation Of Nutrient Profile Labeling, Timothy D. Lytton

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Environmental Role Of Agriculture In An Era Of Carbon Caps, Donald T. Hornstein

Health Matrix: The Journal of Law-Medicine

No abstract provided.

High Crimes, Not Misdemeanors: Deterring The Production Of Unsafe Food, Rena Steinzor

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Preserving Human Potential As Freedom: A Framework For Regulating Epigenetic Harms, Fazal Khan

Health Matrix: The Journal of Law-Medicine

No abstract provided.

How Shall The Constitution Be Enforced? A Preview Of Minneci V. Pollard, John F. Preis

Law Faculty Publications

Professor Preis discusses Minneci v. Pollard, a case he argued before the Supreme Court of the United States on behalf of his client (Pollard), a federal prisoner who had brought a civil rights action for various forms of mistreatment in alleged violation of the Eighth Amendment. He outlines his and Pollard's contention that federal courts should enforce the civil rights of prisoners without regard to the availability of equivalent tort relief under state common law.

Brown V. Ema/Esa: U.S. Supreme Court Stops California From Playing Games With The First Amendment, Christian Genetski

SMU Science and Technology Law Review

No abstract provided.

Time To Cut The Fat: The Case For Government Anti-Obesity Legislation , Stephen A. Mcguinness

Journal of Law and Health

This Article examines—and ultimately rejects—this anti-paternalism argument against government anti-obesity policies. It argues that government intervention in the food industry for the purpose of stemming the American obesity epidemic is justified and survives paternalistic objections to the contrary. This Article begins by briefly outlining the nature, severity, and causes of the obesity epidemic. It considers what can be done about the problem, finding that only government intervention is capable of effectively combating the crisis. It also outlines several types of potentially successful government anti-obesity strategies. Finally, it considers the primary topic of this Article: whether government anti-obesity policies constitute unjustified …

Tax Policy And The Obesity Epidemic, Merav W. Efrat, Rafael Efrat

Journal of Law and Health

This Article begins with a brief summary of the growing obesity epidemic in the U.S. It then explores some of the central contributing factors to the mounting obesity problem among U.S. children and adults. It also examines the adverse impact and costs associated with the obesity problem. Next, this Article discusses the justification for government intervention, as well as the benefits and disadvantages of using the tax system as a way of shaping consumption and physical activity patterns. It then summarizes recent efforts by various levels of government in the U.S. to use the tax system to affect eating and …

A Commentary: Presidents Adams And Jefferson, With A Few Others, Discuss Health Reform With A Disabled Lawyer, Gary C. Norman

Journal of Law and Health

Washington lawyers constitute strategic actors within executive, legislative, and judicial forums. This Article discusses the interaction of Washington lawyers in these branches of government regarding healthcare law and policy. The Article discusses how access to technology inhibits a disabled lawyer from equal involvement in the governmental process. The Article also thematically presents the position Presidents Adam and Jefferson would likely harbor on healthcare reform. Public discourse must be more intellectual like that of the founding generation, and it should be improved in its civility.

Lmao; That Guy Is Such A &*%#!: Redefining Defamation Law's Stagnant Community Standard In A Rapidly Changing World, Daniel Lewis

Florida A & M University Law Review

Nearly forty years ago in the heat of the civil rights movement, the Supreme Court famously considered whether a Montgomery, Alabama Commissioner who supervised the Police Department was damaged by defamatory comments. In determining whether the false statements published in the New York Times article lowered the Commissioner's reputation and impeded his reelection chances, the court wrestled with defining the community in which these comments were published. Should the Supreme Court consider the allegedly defamatory comments within the scope of a national community, as the New York Times is a national publication, or was the correct community restrained to the …

Secrets, Lies, And Disclosure, Helen Norton

Publications

This symposium essay suggests that we can sometimes understand those who resist campaign disclosure or disclaimer requirements as interested in keeping a secret and occasionally even in telling a sort of lie about the source or intensity of support for a particular candidate or cause. Such secrets and lies threaten listeners’ autonomy interests when the speaker seeks to keep such secrets (and sometimes seeks to tell such lies) to enhance her ability to influence her listeners’ decisions. For these reasons, I suggest greater attention to the reasons speakers seek to keep secrets (or occasionally tell such lies) in assessing the …

Lactation Breaks In The Workplace: What Employers Need To Know About The Nursing Mothers Amendment To The Flsa, Sarah Andrews

Hofstra Labor & Employment Law Journal

No abstract provided.