Digital Commons Network^™

National Security Challenges And The Global Financial Crisis, Scheherazade S. Rehman

FIU Law Review

No abstract provided.

Raising The Kindergarten Entry Age, Misty Newcomb, Gary W. Ritter

Policy Briefs

In recent years, the standards in Arkansas for entry into kindergarten underwent changes that can be difficult to understand. Across the nation, states have increased the minimum age of entry into public schools, and Arkansas is no exception. Recently, a policymaker in our state asked the OEP to look into the research surrounding the question of raising the kindergarten entry age. This policy brief discusses the new requirements as well as the impact of these requirements on families and children in the short and long term by looking at recent changes in Arkansas law and studies concerning the effect of …

Of Woman Born? Technology, Relationship, And The Right To A Human Mother, Jennifer S. Hendricks

College of Law Faculty Scholarship

This article explores the legal implications of a scientific fantasy: the fantasy of building artificial wombs that could gestate a human child from conception. It takes as its touchstone a claim by sociologist Barbara Katz Rothman, who writes, “Every human child has a right to a human mother.”

While the article discusses the legal principles that would apply to artificial wombs, it is skeptical about the technological possibility of artificial wombs in the foreseeable future. Accordingly, the focus of the article is the effect that the fantasy of artificial gestation has on the legal discourse around pregnancy and reproduction today. …

Aligning Graduate Medical Education With Public Policy, Rob Cunningham

National Health Policy Forum

In late May–early June 2011, the Forum sponsored a site visit to Denver, Colorado, to observe innovative efforts to improve the health of Coloradans and reduce the cost of health care. The three-day agenda was designed to convey the breadth and interconnectedness of the efforts underway in Denver and to highlight both successes and challenges. The exploration concentrated on how three themes of national interest are unfolding in Denver: building and sustaining a robust and effective safety net in an evolving health care market; improving the health of people and their communities to prevent and reduce the need for health …

"Catch-22": The Role Of Development Institutions In Promoting Gender Equality In Land Law – Lessons Learned In Post-Conflict Pluralist Africa, Amrita Kapur

Buffalo Human Rights Law Review

This article explores the contours of development policies as they have been applied to pluralistic legal systems, with a specific focus on their effects on women in post-conflict African countries. Drawing on research that firmly establishes the importance of women's social, economic and political participation in post-conflict development, it identifies the flaws in gender-neutral land titling initiatives introduced and encouraged by development institutions. It then describes the gender-sensitive laws enacted as a response to continuing gender discriminatory practices in Rwanda, Mozambique and Uganda. While taking into account the existence of customary law, these laws explicitly affirm women's rights with respect …

Skinny On The Federal Menu-Labeling Law & Why It Should Survive A First Amendment Challenge, Dayna B. Royal

First Amendment Law Review

No abstract provided.

Future Of Ditch-Wide Change Cases In Colorado: Reducing Per-Share Water Quantities With Historical Consumptive Use Determinations Based On Unlawful Enlargements And Average Reservoir Releases: Burlington Ditch Reservoir & Land Co. V. Metro Wastewater Reclamation Dist., David W. Baker

Water Law Review

No abstract provided.

You Don’T Know My Name: In Re Anonymous Online Speakers And The Right To Remain Cloaked In Cyberspace, Joshua Rich

Loyola of Los Angeles Law Review

The right to speak anonymously predates the Constitution, and the U.S. Supreme Court has long recognized it as protected under the First Amendment. So it was in line with a long tradition that, in 2007, several anonymous speakers posted comments on Internet message boards criticizing a business called Quixtar, which was embroiled in several lawsuits at the time. Before long, however, the posters’ comments became the subject of a legal conundrum: did Quixtar’s request to unmask the unknown authors during discovery outweigh the authors’ First Amendment right to remain cloaked? In ultimately answering that question, the Ninth Circuit upheld the …

The Robot’S Record: Protecting The Value Of Intellectual Property In Music When Automation Drives The Marginal Cost Of Music Production To Zero, William P. Jacobson

Loyola of Los Angeles Entertainment Law Review

Technologies such as the Internet and MP3 file format have taken their toll on the traditional business models used by entities like record labels and music retailers. Now, technological innovations such as open-sourcing, crowdsourcing, and compu-sourcing are resulting in a democratization of music production that threatens to end the monopoly skilled musicians enjoy in the music-creation marketplace. These innovations are also driving the generation of an increasing supply of music with few or no reserved copyrights and a potential decline in the average value of intellectual property in music. This Comment explores the threat computer-generated music poses to the music …

Are Food Subsidies Making Our Kids Fat? Tensions Between The Healthy Hunger-Free Kids Act And The Farm Bill, Melissa D. Mortazavi

Washington and Lee Law Review

On December 15, 2010, President Obama signed the Healthy Hunger- Free Kids Act of 2010 (HHFKA)1 into law. It was hailed as a bipartisan success and a significant reform of childhood nutrition policy. Indeed, on its surface the law appears to make a significant shift away from the food paradigm of the past. However, upon closer examination, it fails to unwind the tangled connections between domestic eating habits and longstanding farm subsidies. This Article breaks new ground in several ways: First, it is one of the first essays in the emerging and underexplored field of food law, a crosssection of …

Addressing Environmental Injustices: A Capability Approach To Rulemaking, Shannon M. Roesler

West Virginia Law Review

No abstract provided.

Wellness Profiles (Families And Work Institute), Workplace Flexibility 2010, Georgetown University Law Center

Briefings, Hearings, and Congressional Study Group

2009 Guide to Bold New Ideas for Making Work Work.

Excerpts from the 2009 Edition profiling winners of the Alfred P. Sloan Awards for Business Excellence in Workplace Flexibility.

The selected profiles highlight flexible employers with strong wellness initiatives.

Creating A More Efficient And Effective Food Safety System In Memphis And Shelby County, Harvard Law School Mississippi Delta Project

Delta Directions: Publications

The taste of a fresh-picked peach on a warm summer day is one of life’s simple joys. A store-bought peach can never truly replicate the experience. But in Memphis, getting that peach from the farmer’s tree into the customer’s hand is not as simple as one would assume. The fruit cannot be simply picked from the tree and then sold from the back of a produce truck. Instead, someone wanting to sell these fruits from his truck must obtain a permit and conform to outdated rules, such as the requirement for the truck to remain in motion at all times …

The Global Politics Of Food: A Critical Overview, Beth Lyon, Nancy Ehrenreich

Working Paper Series

In May 2010, the Universidad Iberoamericana Ciudad México hosted an international conference on The Global Politics of Food: Sustainability and Subordination, bringing together 33 academics and activists from seven countries to exchange ideas and information on The Global Politics of Food: Sustainability and Subordination. Published in the University of Miami Inter-American Law Review, the Symposium papers examine the complex ways in which the global food system reinforces hierarchies of power and privilege. “The Global Politics of Food: A Critical Overview” provides a substantive introduction to the Symposium, identifying the disparate strands of the vast field of food politics and suggesting …

The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Scott Hankins, Mark Hoekstra

Vanderbilt Law School Faculty Publications

This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.

The Ticket To Easy Street? The Financial Consequences Of Winning The Lottery, Paige Marta Skiba, Scott Hankins, Mark Hoekstra

Vanderbilt Law School Faculty Publications

This paper examines whether giving large cash transfers to financially distressed people causes them to avoid bankruptcy. A comparison of Florida Lottery winners who randomly received $50,000 to $150,000 to small winners indicates that such transfers only postpone bankruptcy rather than prevent it, a result inconsistent with the negative shock model of bankruptcy. Furthermore, the large winners who subsequently filed for bankruptcy had similar net assets and unsecured debt as small winners. Thus, our findings suggest that skepticism regarding the long-term impact of cash transfers may be warranted.

Thompson V. Western States Medical Center: An Opportunity Lost, J. S. Falchek, Edward J. Schoen

Rohrer College of Business Departmental Research

No abstract provided.

Regulation, Deregulation, And Happiness, Jeffrey L. Harrison

UF Law Faculty Publications

Happiness, in general, is in many respects the topic du jour. A great deal of theoretical and empirical work has been devoted to dissecting it. Studies of happiness have crossed over to law, and the result is an addition to the long list of the list of “law and” interdisciplinary areas. In fact, in 2010, Eric Posner and Matthew Alder presented an excellent book of readings the title of which is Law and Happiness. Peter Henry Huang has written the definitive survey of law and happiness literature. My own writing has reflected on the promise of happiness research and the …

Patents, Genetically Modified Foods, And Ip Overreaching, Elizabeth A. Rowe

UF Law Faculty Publications

Genetically engineered plants and animals have become and will continue to constitute a large part of the food we consume. The United States is the world's largest producer of genetically modified foods, making American consumers the most exposed population to these products. Agricultural biotechnology patents spur and support innovation. Accordingly, patent law is one of the main contributors to this phenomenon that has changed not only the kinds of food we eat, but the nature of the agri-business industry that produces these foods. This Article takes on an area of concern involving the patenting of food that has remained unexplored: …

Regulation, Deregulation, And Happiness, Jeffrey L. Harrison

Cardozo Law Review

No abstract provided.

Risky Business: Liability Of Product Sellers Who Offer Safety Devices As Optional Equipment, Richard C. Ausness

Law Faculty Scholarly Articles

This Article examines the question of whether (or when) product sellers should be allowed to offer optional safety equipment without fear of being held strictly liable for selling a defectively designed product. Part II of this Article examines several approaches to risk-bearing. At one end of the spectrum, the principle of personal autonomy dictates that consumers should decide how much risk they wish to accept. On the other hand, products liability law assumes that if consumers are allowed to subject themselves to greater risk, producers will be quick to take advantage of their inability to make rational decisions about what …

Legislative Control Of The Menhaden Fishery, Matthew G. Curtis

Law Student Publications

This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.

A “Principled Resolution”: The Fulcrum For Bioethics Mediation, Nancy Neveloff Dubler

Law and Contemporary Problems

The concept of a "principled resolution" is the foundation for bioethics mediation. Dubler presents the core bioethical principles that support the creation of principled resolutions as fulcrums for resolving disagreements in the healthcare setting. These disputes may arise among medical providers, between medical providers and patients, or among members of a patient's family and can be managed or resolved by bioethics mediation using the conceptual tool of a principled resolution.

Enabling Refugee And Idp Law And Policy: Implications Of The U.N. Disability Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein, Janet E. Lord

Faculty Publications

No abstract provided.

Disability Rights, Welfare Law, Mark C. Weber

Cardozo Law Review

This Article asks how disability rights ideas can be reconciled with - and might transform - the law of public assistance. The social model of disability forms the basis of most disability rights thinking. This model recognizes that impairments do not by themselves disable, but disability instead arises from a dynamic between a person's physical and mental conditions and society's environmental and attitudinal barriers: Paraplegia does not cause disability but for stairs, curbs, and human attitudes that limit accessibility. The social model focuses on changing the environment; its close corollary, the civil rights approach to disability, looks to anti-discrimination law …

The Problem Of Enforcing Nature's Rights Under Ecuador's Constitution: Why The 2008 Environmental Amendments Have No Bite, Mary Elizabeth Whittenmore

Washington International Law Journal

In 2008, Ecuador became the first nation to give rights to nature when it ratified constitutional amendments (new articles 71-74) that grant the environment the inalienable right to exist, persist, and be respected. Environmentalists hope Ecuador’s amendments will lead to improvement in a country devastated by resource exploitation, and that other countries will follow. Yet, many wonder whether the amendments will be enforced. This comment argues that—all things considered—successful execution of the amendments is unlikely. Ecuador’s President has not demonstrated a sincere intention or ability to implement the amendments. Further, plaintiffs who sue under the amendments face significant legal barriers, …

An Express Reservation? An Analysis Of Reservations Under The Equal Footing Doctrine As Applied In United States V. Milner, Patrick Beddow

Public Land & Resources Law Review

No abstract provided.

The Freedom Of Health, Abigail R. Moncrieff

Law Faculty Articles and Essays

This Article first draws out the freedom of health from Supreme Court precedent and demonstrates that, like other substantive constitutional rights, the freedom of health is a negative liberty that must be balanced against legitimate and compelling regulatory projects. The Article then applies that understanding of the freedom to evaluate some proposed and actual health care regulations that have made headline news in the last decade. I consider the constitutionality of the phantom death panels, the HlNl vaccine distribution program, the FDA's restrictions on access to experimental drugs, PPACA's obesity and smoking regulations, and, of course, PPACA's individual mandate. Should …

The Eyes That Blind Us: The Overlooked Phenomenon Of Trafficking Into The Agricultural Sector, Shelley Cavalieri

Northern Illinois University Law Review

This article offers an analysis of American anti-trafficking legislation. It documents the level of American preoccupation with trafficking for sex work by using existing data from the Department of Justice to demonstrate just how current anti-trafficking efforts focus their attention on trafficking for sex work, to the detriment of trafficking into other labor sectors. The author offers a critique of this overemphasis, observing how the expectations of the individuals involved in enforcing anti-trafficking laws influence what kinds of cases they consider to be trafficking cases. The article also offers a few modest interventions that might help reallocate some of the …

Rocky Mountain Highs And Lows: Efforts To Improve Health And Reduce Costs In Denver, Michele J. Orza, Jessamyn Taylor

National Health Policy Forum

In late May–early June 2011, the Forum sponsored a site visit to Denver, Colorado, to observe innovative efforts to improve the health of Coloradans and reduce the cost of health care. The three-day agenda was designed to convey the breadth and interconnectedness of the efforts underway in Denver and to highlight both successes and challenges. The exploration concentrated on how three themes of national interest are unfolding in Denver: building and sustaining a robust and effective safety net in an evolving health care market; improving the health of people and their communities to prevent and reduce the need for health …