Digital Commons Network^™

The Demise Of Development In The Doha Round Negotiations, Sungjoon Cho

All Faculty Scholarship

This article provides a concise history of the Doha Round negotiation, analyzes its deadlock, and offers some suggestions for a successful Doha deal and for developing countries. The article observes that the nearly decade-long negotiation stalemate is symptomatic of diametrically opposed perceptions of the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious to Doha’s original genesis, developing countries vehemently condemn their narrow commercial focus in the Doha Round talks. It will not be easy to untie this Gordian knot since both developed and developing countries tend to think that no deal …

The Economics Of Climate Enforcement, Omri Ben-Shahar, Anu Bradford

Coase-Sandor Institute for Law & Economics Research Paper Series

Any breakthrough in international climate change negotiations has to address the enforcement problem: how to entice reluctant states to meet the emission reduction targets set by treaties. The challenge is acute because traditional enforcement measures—sanctions or rewards—are insufficient. The threat to impose sanctions on violator states is too costly and hence not credible; and the magnitude of rewards violators demand for their compliance is excessive. This article proposes a novel enforcement mechanism, which combines sanctions and rewards in a way that is both credible and cheaper than existing proposals. The idea is to set up a reward fund that serves …

The Endurance Of National Constitutions, Tom Ginsburg, James Melton, Zachary Elkins

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Pulling Teeth: The State Of Mandatory Immigration Detention, Geoffrey Heeren

Law Faculty Publications

No abstract provided.

Everything You Ever Needed To Know About Good Lawyering, You Can Learn From Elder Law, Linda S. Whitton

Law Faculty Publications

No abstract provided.

Welfare As Happiness (With J. Bronsteen & J. Masur), Christopher J. Buccafusco

All Faculty Scholarship

Perhaps the most important goal of law and policy is improving people’s lives. But what constitutes improvement? What is quality of life, and how can it be measured? In previous articles, we have used insights from the new field of hedonic psychology to analyze central questions in civil and criminal justice, and we now apply those insights to a broader inquiry: how can the law make life better? The leading accounts of human welfare in law, economics, and philosophy are preference-satisfaction - getting what one wants - and objective list approaches - possessing an enumerated set of capabilities. This Article …

William Lawrence: Perspectives Of A Reconstruction Republican On The 14th Amendment, Jeremy D. Burkhart

The 39th Congress Project

No abstract provided.

From The Greenhouse To The Poorhouse: Carbon Emissions Control And The Rules Of Legislative Joinder, David A. Super

Faculty Scholarship

Pending legislation to address carbon emissions would include large subsidies for existing emitters. These subsidies make little sense economically or politically. Worse, they divert resources needed to address two crucial issues that the proposed legislation largely ignores: the impact of raising carbon costs on low-income people and the massive structural federal deficit. A carbon tax or cap-and-trade system would increase costs substantially not only for transportation but for food and housing. With poverty rising even before the current economic downturn, these price increases’ consequences could be dire. The structural deficit will require deflationary tax increases or spending cuts. Combining carbon …

What Is The Scope Of The Duty To Provide Veterinary Care?, Susan J. Hankin

Faculty Scholarship

State criminal laws prohibiting cruelty to animals -- which includes both abuse and neglect -- have provided the primary means through which our legal system has protected animals. In some states, including Maryland, Virginia, and the District of Columbia, these laws include explicit provisions that require owners to provide their animals with veterinary care. In other jurisdictions, such a duty has been implied from more general anti-cruelty language. None of these laws, however, make clear what level of care is required. They also leave unanswered the question of whether the treatment choices of owners who do seek care for an …

Privacy As Product Safety, James Grimmelmann

Faculty Scholarship

Online social media confound many of our familiar expectaitons about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.

Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law could …

Stretching The Dispute Settlement Understanding: U.S.—Cotton’S Relaxed Interpretation Of Cross-Retaliation In The World Trade Organization, David J. Townsend

Richmond Journal of Global Law & Business

In August 2009, the World Trade Organization (“WTO”) au-thorized Brazil to impose sanctions against the United States for its continued subsidization of cotton producers in violation of the WTO Agreement on Subsidies and Countervailing Measures (“SCM Agreement”) and the Agreement on Agriculture. The WTO approved Brazil’s use of sanctions outside the General Agreement on Tariffs and Trade (“GATT”), authorizing cross-retaliation against rights owed to the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). This is the third case of cross- retaliation authorized by a WTO arbitrator under the Understanding on Rules and Procedures Governing the …

Respecting Working Mothers With Infant Children: The Need For Increased Federal Intervention To Develop, Protect And Support A Breastfeeding Culture In The United States, Heather M. Kolinsky

Scholarly Articles

The author argues that the benefits of breastfeeding are overwhelming and that more needs to be done to ensure that all women have a viable option to continue breastfeeding upon returning to work, particularly the working poor and minorities. Those least likely to breastfeed are more likely to be part of an at risk population in terms of health. Most significantly, the lack of a cohesive policy in the workplace has had a disparate impact on the most vulnerable populations of breastfeeding mothers and their children. The lack of federal protection and a patchwork of protection in the states have …

Using Disability Law To Protect Persons Living With Hiv/Aids: The Indian And American Approach, Pamela Koehler

Florida State University Journal of Transnational Law & Policy

HIV/AIDS in India continues to be a growing problem for the subcontinent as well as for the rest of the world. Because India has emerged as a global economic player and is the second most populous country in the world, devastation from HI V/AIDS in the region could have far-reaching global ramifications. The protection of civil liberties and elimination of discrimination is critical to any sustainable public health strategy. This article looks specifically at India's Persons with Disabilities Act (PWDA) as a potential tool in addressing HIV/AIDS discrimination. Disability law, as a mechanism for protecting persons living with HIV/AIDS, remains …

Balancing Consumer Protection And Scientific Integrity In The Face Of Uncertainty: The Example Of Gluten-Free Foods, Margaret Sova Mccabe

Law Faculty Scholarship

In 2009, gluten-free foods were not only "hot" in the marketplace, several countries, including the United States, continued efforts to define gluten-free and appropriate labeling parameters. The regulatory process illuminates how difficult regulations based on safe scientific thresholds can be for regulators, manufacturers and consumers. This article analyzes the gluten-free regulatory landscape, challenges to defining a safe gluten threshold, and how consumers might need more label information beyond the term "gluten-free." The article includes an overview of international gluten-free regulations, the Food and Drug Administration (FDA) rulemaking process, and issues for consumers.

Bloodsucking Copyrights, Ann Bartow

Law Faculty Scholarship

Some bloodsuckers live off the life-sustaining fluids of involuntary hosts and leave behind diseases or venom. Fleas, ticks, bedbugs, and mosquitoes are all bloodsuckers that are best avoided. Others, like the leech, suck blood in ways that can be very helpful to a host, promoting blood flow and healing. Vampires are fictional, sentient bloodsuckers that have populated various entertainment genres for centuries. Copyrights, too, can suck blood metaphorically in productive and destructive ways, or simply suck, period, when they senselessly impede free-flowing veins of information. And though they are not (yet) immortal, copyrights last a very long time. In Copyright’s …

Governance, Accountability And The New Poverty Agenda, Wendy A. Bach

Scholarly Works

Across the country a new poverty agenda is emerging. These efforts are limited by the political consensus that has emerged since welfare reform and focus, as has always been the case, on the “deserving” - in today’s iteration, primarily the working poor. Mirroring national and international trends, the means of governance of these new social welfare programs has also begun to change. Where once there was a set of programs ostensibly controlled through law and regulations, in growing pockets there is now radical devolution and abandonment of traditional legal and rule making structures. Experiments in policy, program structure, and governance …

Methademic: Drug Panic In An Age Of Ambivalence, Deborah Ahrens

Florida State University Law Review

No abstract provided.

American Professional Sports Is A Doper's Paradise: It's Time We Make A Change, Daniel Gandert, Fabian Ronisky

North Dakota Law Review

No abstract provided.

Making Capitalism More Creative: The Tempestuous Marriage Of Sentiment And Self-Interest, Sumeet H. Chugani, Xingjian Zhao

Global Business & Development Law Journal

No abstract provided.

Table Of Contents, Annals Of Health Law

Annals of Health Law and Life Sciences

No abstract provided.

Health Care Law: A Field Of Gaps, David Orentlicher

Annals of Health Law and Life Sciences

No abstract provided.

The Catholic Bishops, The Law, And Nutrition And Hydration: An Historical Footnote, Sandra Johnson

Annals of Health Law and Life Sciences

No abstract provided.

Life-Sustaining Treatment And The Law: The Evolution Of Informed Consent, Advance Directives And Surrogate Decision Making, Joseph T. Monahan, Elizabeth A. Lawhorn

Annals of Health Law and Life Sciences

No abstract provided.

Post-Mortem Pregnancy: A Proposed Methodology For The Resolution Of Conflicts Over Whether A Brain Dead Pregnant Woman Should Be Maintained On Life-Sustaining Treatment, Alexis Gregorian

Annals of Health Law and Life Sciences

In this article, the author examines conflicts over whether to maintain a brain dead pregnant woman on life-sustaining treatment. The author cautions that on the rare occasions when courts are confronted with such a conflict, they should employ a consistent methodology for resolution of the conflict and attempt to honor the wishes of the post-mortem mother and her family. The author draws on relevant areas of law to demonstrate the existence of a legal fiction that protects the interests of post-mortem pregnant women in refusing medical treatment. This article then proceeds to propose a methodology that enables courts to account …

Governance, Accountability, And The New Poverty Agenda, Wendy Bach

Publications and Research

No abstract provided.

The Skinny On The Fop Flop: Why The Fda Must Tighten The Belt On Fop Labeling In Light Of The Obesity Crisis, Lauren E. Manning

Hofstra Law Review

No abstract provided.

Is Cap-And-Trade Fair To The Poor? Short-Sighted Households And The Timing Of Consumption Taxes, Manuel A. Utset, Brian Galle

Scholarly Publications

No abstract provided.

Reproductive Health As A Human Right, Lance Gable

Law Faculty Research Publications

No abstract provided.

Developing Community Gardens: Removing Barriers To Improve Our Society, Adrianne C. Crow

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

Home Is Where The Hatred Is: A Proposal For A Federal Housing Administration Truth And Reconciliation Commission, Brian Gilmore

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.