Digital Commons Network^™

Berle And Social Businesses: A Consideration, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property has been thoroughly mined by scholars and used to support numerous theses, yet it still provides a rich source for consideration. Corporate legal theory has not yet determined how best to treat the issue of separation of ownership and control or fully resolved “who should receive the profits of industry.” Berle’s belief that corporate powers should be exercised in trust for shareholders has had limited traction, but his ideas continue to influence debate. This Article takes Berle’s statement that “when a convincing system of community obligations is worked out …

The Public Choice Problem In Corporate Law: Corporate Social Responsibility After Citizens United, David Yosifon

Faculty Publications

The Supreme Court held in Citizens United v. Federal Elections Commission (2010) that the First Amendment forbids Congress from restricting the political speech of corporations. While corporate theory did little to inform the Court’s thinking in Citizens United, this Article argues that the holding in Citizens United requires us to rethink corporate theory. The shareholder primacy norm in American corporate governance relies on the assumption that corporations can be restrained from influencing external governmental operations. We can enjoy the efficiencies generated by shareholder primacy in corporate governance, mainstream corporate theorists have long argued, because we can rely on external regulation …

Opening The Industry Playbook: Myths And Truths In The Debate Over Bpa Regulation, Thomas Mcgarity, Rena I. Steinzor, Matthew Shudtz, Lena Pons

Faculty Scholarship

For the last two decades, scientists have amassed evidence that bisphenol A (BPA) poses a threat to human health.  Although scientists have targeted BPA as a public health concern, plastics industry lobbyists have attempted to thwart the efforts of federal, state, and local authorities to reduce exposure to BPA.  This paper reviews the major arguments advanced by the plastics industry and debunks them as “myths” that public health officials must reject.  The five topics covered include:  the myth of scientific consensus on safety; the myth that only studies complying with “Good Laboratory Practices” guidelines are adequate for making regulatory decisions; …

The Public Choice Problem In Corporate Law: Corporate Social Responsibility After Citizens United, David G. Yosifon

North Carolina Law Review

No abstract provided.

Development For The Past, Present, And Future: Defining And Measuring Sustainable Development, Max Cantor

Senior Honors Projects

In 1987, the United Nations released the Brundtland Report, which defined sustainable development as “development which meets the needs of the present without compromising the ability of future generations to meet their own needs.” While this definition provides a relatively stable theoretical base from which development economists and political scientists can begin to tackle issues surrounding sustainable development, the inherently amorphous nature of this definition has also created a fair amount of ambiguity in both the economic literature surrounding sustainable development and the subsequent attempts by economists to measure it.

Historically, those interested in the science of development have typically …

Alternative Strategies For Managing Pharmaceutical And Personal Care Products In Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent decades, concern has grown over the presence of pharmaceutical and personal care products (PPCPs) in water. This concern stems from the possibility that the presence of PPCPs in water supplies may pose a threat to both human and environmental health. Such threats may be both direct (e.g., exposure to endocrine disrupting compounds) and indirect (e.g., emergence of antibiotic resistant bacteria). The water treatment and wastewater treatment community has been especially concerned over PPCPs because of PPCPs ubiquitous nature and their ability to persist or only partially degrade in water and during wastewater treatment. Studies done over the past …

Getting Into The Field, Jay A. Mitchell

Journal of Food Law & Policy

A group of students enrolled in a law school clinic wanders through a large farmers' market. They stop to chat with the proprietors of a farm that has sold vegetables at the market for many years. They visit with a cheesemaker and an apple grower. A second group learns about the economic costs of organic production from a farmer and talks with an olive oil producer. Both sets of students seem unusually attentive to their surroundings. That may be because the first group helped the sponsor of the market rework the market's rules and regulations, and the second developed a …

Greenwashing The Organic Label: Abusive Green Marketing In An Increasingly Eco-Friendly Marketplace, Greg Northen

Journal of Food Law & Policy

The green wave of environmental advertising among organic food producers, distributors, and retailers begun during the 1990s has become an all-out green tsunami. The organic food market is the fastest growing segment of the American food industry. Consumers are increasingly becoming aware of the impact their purchases have on several environmental issues. As a result, those consumers are becoming more aware of their spending power and are willingly altering their buying practices to purchase from companies that emphasize environmental responsibility. In fact, some retailers' inventory is already being scanned for alternative green products by their customers' iPhones because, guess what, …

Journal Of Food Law & Policy - Spring 2011, Journal Editors

Journal of Food Law & Policy

No abstract provided.

Food Entrepreneurs And Food Safety Regulation, Nina W. Tarr

Journal of Food Law & Policy

It is a bucolic scene: local food growers and producers chatting with consumers who come back each week to participate in a direct and continuing conversation about food with someone they know, and to engage in commerce. This illusion of simplicity masks the ever-growing morass of conflicting, complicated, and expensive regulatory oversight that undermines the local food movement by creating barriers between producers and consumers. Those creating and implementing food policy in the United States are facing a fundamental dilemma of how to reconcile the local food movement with regulations designed to address concerns about food safety.

This article will …

The History And Future Of Genetically Modified Crops: Frankenfoods, Superweeds, And The Developing World, Brooke Glass-O'Shea

Journal of Food Law & Policy

In a 1992 letter to the New York Times, a man named Paul Lewis referred to genetically modified (GM) crops as "Frankenfood," and wryly suggested it might be "time to gather the villagers, light some torches and head to the castle." Little did Lewis know that his neologism would become the rallying cry for activists around the world protesting the dangers of genetic engineering. The environmental activist group Greenpeace made great use of the "Frankenfood" epithet in their anti-GM campaigns of the 1990s, though they have since backed away from the word and the hardline stance it represents. But genetically …

Canadian Food Law Update, Patricia L. Farnese

Journal of Food Law & Policy

Provided below is an overview of developments in Canadian food law and policy in 2010. This update primarily analyzes the regulatory and policy developments and litigation activities by the federal government. This focus reflects the significance of federal activities in the food policy realm.

United States Food Law Update: The Fda Food Safety Modernization Act, Obesity And Deceptive Labeling Enforcement, A. Bryan Endres, Nicholas R. Johnson

Journal of Food Law & Policy

The long-awaited enactment of the FDA Food Safety Modernization Act (FSMA), the most significant amendment to the Federal Food, Drug, and Cosmetic Act in several decades, provides the Food and Drug Administration (FDA) with significantly enhanced jurisdiction to close some of the gaps in the domestic food safety system. The enhanced FDA authority, however, will have little impact on the shared governance system at the federal level that involves multiple agencies, as the Act does not address the U.S. General Accounting Office's (GAO) repeated calls for consolidation of the fragmented federal food safety system. Rather, the Act perpetuates the division …

European Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the developments that occurred since October 2010 in the areas of genetically modified organisms, novel foods, contaminants, food quality, and labeling.

Virginia V. Sebelius - Washington Legal Foundation Amicus Brief, Ilya Somin

Patient Protection and Affordable Care Act Litigation

No abstract provided.

Attempting To (De)Regulate Genetically Modified Crops: The Supreme Court Overrules The Injunction Denying Deregulation Of Roundup Ready Alfafa. Monsanto V. Geertson Seed Farms, Christine K. Lesicko

Journal of Environmental and Sustainability Law

No abstract provided.

Mississippi Farmers Markets: A Legal And Business Guide, Emily Broad, Libby Benton, Myra Blake, Alonzo Emery, Jessica Fitts, Matthew Greenfield

Delta Directions: Publications

This policy paper addresses state and federal laws affecting farmers markets in Mississippi, focusing on particularly confusing or burdensome areas of the law. Each section reviews Mississippi law and compares it to other states, then recommends alternatives.

Food Sovereignty Is A Gendered Issue, Maggie Ellinger-Locke

Buffalo Environmental Law Journal

No abstract provided.

A Brave New Jungle: Factory Farming And Advocacy In The Twenty-First Century, James I. Pearce

Duke Environmental Law & Policy Forum

No abstract provided.

The Positive Case For Centralization In Health Care Regulation: The Federalism Failures Of The Aca, Abigail R. Moncrieff, Eric Lee

Law Faculty Articles and Essays

Although the ACA accomplishes significantly greater centralization of authority for healthcare regulation, it falls far short of the full centralization that seems functionally justified. There is no doubt that the states have played an important role in healthcare regulation throughout the nation's history, but that role is becoming increasingly irrelevant as healthcare regulation becomes increasingly technocratic—i.e., increasingly objectivist and data-driven. The ACA is a step in the right direction, but the U.S. should further centralize authority over healthcare.

Coase, Institutionalism, And The Origins Of Law And Economics, Herbert Hovenkamp

Indiana Law Journal

No abstract provided.

Health Food Advocacy And The National School Lunch Program Chalk Talk, Reed Troutman

The Journal of Law and Education

No abstract provided.

Women And Children Last — The Predictable Effects Of Proposed Federal Funding Cuts, George J. Annas, Wendy K. Mariner

Faculty Scholarship

"Women and children last” might as well be the refrain of the current U.S. Congress's new health care budget cutters. We have seen similar efforts before. In the mid-1990s, managed care organizations tried to save money by limiting hospitalization benefits for new mothers and their infants to 24 hours after a vaginal delivery and 48 hours after a cesarean section. As with current Congressional proposals, financial savings were seen as more important than the health of women and children. Because only women get pregnant and give birth, restricting access to reproductive health care is discriminatory on its face and undermines …

The Marginality Of Citizens United, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.

The Importance Of Immutability In Employment Discrimination Law, Sharona Hoffman

William & Mary Law Review

This Article argues that recent developments in employment discrimination law require a renewed focus on the concept of immutable characteristics. In 2009, two new laws took effect: the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act Amendments Act (ADAAA). This Article’s original contribution is an evaluation of the employment discrimination statutes as a corpus of law in light of these two additions.

The Article thoroughly explores the meaning of the term “immutable characteristic” in constitutional and employment discrimination jurisprudence. It postulates that immutability constitutes a unifying principle for all of the traits now covered by the employment …

Environmental Health Science For Regulatory Decisionmaking, Linda S. Birnbaum, Paul Jung, Sheila A. Newton

Duke Environmental Law & Policy Forum

No abstract provided.

The Women’S Convention, Reproductive Rights, And The Reproduction Of Gender, Barbara Stark

Duke Journal of Gender Law & Policy

No abstract provided.

No Place For Children: Addressing Urban Blight And Its Impact On Children Through Child Protection Law, Domestic Relations Law, And "Adult-Only" Residential Zoning, James G. Dwyer

Faculty Publications

No abstract provided.

Population Health Through Inclusive Urban Planning: Healthier Communities And Sustainable Urban Development In Indian Cities, Shriya Malhotra

Sustainable Development Law & Policy

No abstract provided.

Resource Recovery And Materials Flow In The City: Zero Waste And Sustainable Consumption As Paradigms In Urban Development, Steffen Lehmann

Sustainable Development Law & Policy

No abstract provided.