Digital Commons Network^™

Privacy Paradox 2.0, H. Brian Holland

Faculty Scholarship

As a starting point, this essay offers six basic propositions. First, "the 'privacy paradox' " refers to inconsistencies "between individuals' [asserted] intentions to disclose personal information and [individuals'] actual ... disclosure behaviors." Put simply, we indicate-at a granular level-specific items of personal information that we will not disclose, but we then give away that same data with what appears to be little regard for the risks of doing so and for little in return. Second, the privacy paradox is a wellestablished concept in many fields of the social sciences, even though the precise contours and causes of the paradox are …

Law & Health Care Newsletter, V. 17, No. 2, Spring 2010

Law & Health Care Newsletter

No abstract provided.

Ipq; Spring 2010

IPQ; the Maryland IP Law Quarterly

No abstract provided.

First Korematsu And Now Ashcroft V. Iqbal: The Latest Chapter In The Wartime Supreme Court's Disregard For Claims Of Discrimination, Dawinder S. Sidhu

Buffalo Law Review

No abstract provided.

Food Allergies In Public Schools: Toward A Model Code, Michael Borella

Chicago-Kent Law Review

Sufferers of food allergies can experience anaphylactic shock, and even death, within minutes of exposure to allergens such as peanuts, soy, wheat, eggs, milk, and fish. This causes unique problems when the food allergy sufferers are children in public schools. The widespread availability of these allergens in school lunchrooms and classrooms places children with food allergies in danger while they are entrusted to the government's care. Since these children, especially young children, cannot be relied upon to be able to avoid allergens on their own, reasonable and logical laws should be in place to ensure that children are safe while …

Vol. Ix, Tab 45 - Rosetta Stone's Opposition To Google's Motion For Summary Judgment, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Reforming The United States' Economic Model After The Failure Of Unfettered Financial Capitalism, Richard B. Freeman

Chicago-Kent Law Review

This Article is based on the 2009 Kenneth M. Piper Lecture at the Chicago-Kent College of Law. The 2008–2009 financial meltdown and ensuing economic developments have shown three things about modern capitalism: First, that unfettered financial markets remain the Achilles heel of capitalism with the capability of destroying economic stability and bringing misery to all. Second, that high-powered incentives paid to "talent" in finance are a fundamental cause of the excessive risk-taking, chicanery, and financial fraud that contributes to instability. Without a new compensation system that rewards banking and finance for contributing to sustainable economic progress rather than for economic …

Corn, Carbon, And Conservation: Rethinking U.S. Agricultural Policy In A Changing Global Environment, Mary Jane Angelo

UF Law Faculty Publications

This Article explores a range of issues related to both the regulatory and incentive-based federal programs that affect the crops we grow, the manner in which they are grown, and the human and environmental impacts of such programs. The Article evaluates the 2008 Farm Bill and describes how the policies contained in it influence virtually every aspect of agriculture, from the decision to grow certain crops, the amount of crops grown, the industrial manner. This Article focuses on one particular commodity, corn, which while ubiquitous and seemingly pedestrian, is perhaps one of the major environmental offenders, and for which the …

A Reconsideration Of Agricultural Law: A Call For The Law Of Food, Farming, And Sustainability, Susan A. Schneider

William & Mary Environmental Law and Policy Review

American agricultural policy has evolved from its early focus on agricultural development and expansion to its current focus on economic and political support for the agricultural sector. Agricultural law as a discipline has tracked this policy, with agricultural law scholars debating the origins and the validity of the special treatment of agriculture under the law. This article reviews these debates and calls for a reconsideration of agricultural law and policy to address the unique aspects of agricultural production, the fragility of the environment, and the fundamental need for healthy food. Transforming the special law of agriculture to a new more …

A Permission Slip To Breastfeed: Legislating A Mother's Choice In Pennsylvania, Stephanie Sikora

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Contract Law's Two "P.E.'S": Promissory Estoppel And The Parole Evidence Rule, David G. Epstein

Law Faculty Publications

This article is about "P.E." Not the physical education class that you looked forward to in junior high school, but the two "P.E.'s" you dreaded in your first-year law school contracts class: (1) promissory estoppel and (2) the parol evidence rule.' Each is plenty complicated standing alone. This article considers what happens if the two bump into each other. More specifically, this article asks and answers the question: Should the parol evidence rule apply to promissory estoppel cases?

Is Media Coverage Of Steroids On The Verge Of Striking Out Baseball Stars?, Nicholas L. Silvestri

Pell Scholars and Senior Theses

Over the last 150 years, baseball has been one of the most popular American sports. Ever since its inception in the 19th century, it has been known as our “Great American Past-Time”. As the sport of baseball has evolved and developed into the game it is today, there have been controversial scandals that have helped reshape our perceptions of baseball’s biggest stars.

Rationalism In Regulation, Christopher C. Demuth, Douglas H. Ginsburg

Michigan Law Review

Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health, by Richard L. Revesz and Michael A. Livermore, aims to convince those who favor more government regulation-in particular environmental groups-that they should embrace cost-benefit analysis and turn it to their purposes. Coauthored by a prominent law school dean and a recent student with a background in environmental advocacy, the book is a jarring combination of roundhouse political polemics and careful academic argument. Sweeping pronouncements are followed by qualifications that leave the sweep of the pronouncements in doubt- rather like the give-and-take of the law school classroom …

Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier

University of the District of Columbia Law Review

The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay. This paper focuses on the lack of application of prisoner …

Oral Health Checkup: Progress In Tough Fiscal Times?, Cynthia Shirk

National Health Policy Forum

Almost ten years after the surgeon general’s report designating dental disease as the “silent epidemic,” the nation continues to struggle with adequate access to and utilization of dental services. This is particularly true for low-income individuals, who experience more than twice the amount of untreated dental disease as their higher-income peers. This issue brief reviews sources of dental coverage for low-income children and adults and the challenges these programs face. It highlights some examples of state Medicaid initiatives to improve access and utilization for children and the progress of these initiatives. Finally, it examines the potential effects of the economy …

The Ryan White Hiv/Aids Program, Jessamyn Taylor

National Health Policy Forum

This publication describes the basics of the Ryan White HIV/AIDS Program, the largest federal program solely focused on treating people living with HIV/AIDS in the United States. The program funds cities, states, and community-based organizations to provide primary care, prescription drugs, and support services to low-income, uninsured, and underinsured people living with HIV/AIDS.

Tri-Council For Gender Programs: History, Carol Strong, Pamela Riley, Janet Osborne

ADVANCE Library Collection

No abstract provided.

Of Fat People And Fundamental Rights: The Constitutionality Of The New York City Trans-Fat Ban, Katharine Kruk

William & Mary Bill of Rights Journal

No abstract provided.

Technology's Latest Market Manipulator - High Frequency Trading: The Strategies, Tools, Risks, And Responses, Tara Bhupathi

North Carolina Journal of Law & Technology

No abstract provided.

Statutory Stones And Regulatory Mortar: Using Negligence Per Se To Mend The Wall Between Farmers Growing Genetically Engineered Crops And Their Neighbors, Joshua B. Cannon

Washington and Lee Law Review

No abstract provided.

Trimming The Fat: A Study Of Mandatory Nutritional Disclosure Laws And Excessive Judicial Deference, Charles R. Yates, Iii

Washington and Lee Law Review

No abstract provided.

The Failure Of Mandated Disclosure, Omri Ben-Shahar, Carl E. Schneider

Law & Economics Working Papers

This article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The article has four sections:

(1) A comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights;

(2) A survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions;

(3) An account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …

The Failure Of Mandated Disclosure, Carl E. Schneider, Omri Ben-Shahar

Coase-Sandor Institute for Law & Economics Research Paper Series

This article explores the spectacular prevalence, and failure, of the single most common technique for protecting personal autonomy in modern society: mandated disclosure. The article has four sections: (1) A comprehensive summary of the recurring use of mandated disclosures, in many forms and circumstances, in the areas of consumer and borrower protection, patient informed consent, contract formation, and constitutional rights; (2) A survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions; (3) An account of the multitude of reasons mandated disclosures fail, focusing on the political dynamics underlying …

Still Swimming Against The Resegregation Tide - A Suburban Southern School District In The Aftermath Of Parents Involved, Stephen Samuel Smith

North Carolina Law Review

No abstract provided.

Order At The End Of Life: Establishing A Clear And Fair Mechanism For The Resolution Of Futility Disputes, Ashley Bassel

Vanderbilt Law Review

On January 22, 2008, Ruben Betancourt was admitted to Trinitas Regional Medical Center in New Jersey for surgery for malignant thymoma, a cancer of the thymus gland (a small organ underneath the breastbone).' Following surgery, the patient developed brain damage due to lack of oxygen and, as a result, lapsed into unconsciousness. For the next five months, Mr. Betancourt was admitted to various medical facilities and readmitted finally to Trinitas in July 2008 for renal failure. For six more months, the unconscious patient remained in the hospital on an artificial ventilator, receiving renal dialysis and nutrition through tube feeding.

The …

Roger Williams University School Of Law "2010 Public Interest Auction" (2010), Roger Williams University School Of Law

School of Law Public Interest Auction

No abstract provided.

The Medical Education Of Physicians, Jonathan Saxton

National Health Policy Forum

This background paper provides a descriptive overview of the process of education, licensing, certification, and continuing education involved in becoming and continuing to practice as a physician.

Vol. 38, No. 05 (February 15, 2010)

Indiana Law Annotated

No abstract provided.

False Comfort And Impossible Promises: Uncertainty, Information Overload, And The Unitary Executive, Cynthia R. Farina

Cornell Law Faculty Publications

The movement toward President-centered government is one of the most significant trends in modern American history. This trend has been accelerated by unitary executive theory, which provided constitutional and “good government” justifications for what political scientists have been calling the “personal” or “plebiscitary” presidency.

This essay draws on cognitive, social and political psychology to suggest that the extreme cognitive and psychological demands of modern civic life make us particularly susceptible to a political and constitutional ideology organized around a powerful and beneficent leader who champions our interests in the face of internal obstacles and external threats. The essay goes on …

Regulatory Takings And Emergency Medical Treatment, Gary E. Jones

San Diego Law Review

In this Article, the legal obligations of the counties and of hospitals, respectively, will be examined. An argument will be proffered that the counties have failed to fulfill their statutory obligations to support emergency and other basic medical services for indigent persons. This argument, in conjunction with the fact that hospitals have an unfunded mandate to provide emergency and related medical services to all individuals in need thereof, provides a basis for an argument that the statutory requirement that private hospitals provide emergency and related medical services to indigent patients constitutes a taking of private property for a public purpose. …