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Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Scholarly Articles

No abstract provided.

An Assessment Of U.S. Responses To Greenwashing And Proposals To Improve Enforcement, Ashley Lorance

Hofstra Law Student Works

Consumers are conscious of their ability to impact the environment through their spending power. As buying “green” has become increasingly mainstream, greenwashing, or the practice of companies disingenuously spinning their products as environmentally friendly, has become a problem. The Federal Trade Commission (FTC), in its Green Guides, takes on the problem of greenwashing. However, its enforcement of violations of the Guides has been minimal. This paper will assess the current U.S. response to greenwashing in general, and specifically, FTC enforcement of the Green Guides. Based on this assessment, the paper will make proposals for the FTC to strengthen enforcement of …

Santa Clara Magazine, Volume 51 Number 4, Spring 2010, Santa Clara University

Santa Clara Magazine

14 - BENDING LIGHT By Steven Boyd Saum. They wanted to show that green living is not a compromise. So, for the international Solar Decathlon, the SCU-led Team California built a house of light and wonder. And it was dazzling enough to win No. 3 on the planet.

22 - CONNECT THE DOTS By Scott Brown '93. From border security to disaster preparedness, Secretary of Homeland Security Janet Napolitano '79 has one immense portfolio. She's also the point person on immigration. How to put those together?

28 - THIS PLACE WE CALL HOME By Kristina Chiapella '09 '09. Generations ago, …

Prescription For Failure: Health & Intellectual Property In The Dominican Republic, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

Can Summer Training Camp Practices Land Nfl Head Coaches In Hot Water?, Timothy Patrick Hayden

Marquette Sports Law Review

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

Faculty Scholarship

This Article is concerned with shedding light on Iqbal. It will argue that this relatively obscure legal opinion may be one of the most infamous and harmful to American jurisprudence and individual rights of this generation. In particular, it will argue that (1) the Iqbal Court misapplied the traditional pleading standards that govern motions to dismiss for failure to state a claim in finding Iqbal’s particular complaint deficient and, in doing so, functionally and needlessly heightened those standards;19 and (2) the Court erred in finding unremarkable Iqbal’s allegations that the government engaged in blanket racial profiling of Muslims and Arabs …

Shifting The Burden: Proving Infringement And Damages In Patent Cases Involving Inconsistent Manufacturing Techniques, Julie E. Zink

UC Law Science and Technology Journal

The law is clear that it is the plaintiff-patentee's burden to prove both infringement and damages. It is unclear, however, in cases involving inconsistent manufacturing techniques, what level of evidence is required to meet this burden and when, if at all, such burden should pass to the defendant-infringer to provide rebuttal evidence. One consideration in this analysis is when findings of infringement can extend to the entire product line. Another matter considered in this paper is how the court deals with the confusion of goods and the commingling of records. This Article examines the various patent doctrines that may have …

The Second Great Awakening: A Christian Nation?, Geoffrey R. Stone

Articles

No abstract provided.

Collective Human Rights: Public Health V. Structural And Ecological Violence (The Example Of Ecuador V. Colombia), Laura Westra

ILSA Journal of International & Comparative Law

"Public health and safety are not simply the aggregate of each individual's interest in health and safety .... Public health and safety are community or group interests."

La Caja De Pandora: Improving Access To Hospice Care Among Hispanic And African-American Patients, Kathy L. Cerminara, Alina M. Perez

Faculty Scholarship

Many patients clinging to hope in the form of potentially curative treatment could benefit from hospice services, but, for the most part, it is not until the patient accepts the finality of his or her condition that the physical, psychological and social benefits of hospice care become accessible to the patient and his or her family. Under current Medicare regulations and other health care payers’ policies, patients must abandon the hope of curative treatment before opting for hospice services. As a result, many terminally ill patients access the services late, sometimes a few hours before death. Scholars have proposed that …

Endocrine-Disrupting Chemical Pollution: Why The Epa Should Regulate These Chemicals Under The Clean Water Act , Jacki Lopez

Sustainable Development Law & Policy

No abstract provided.

Trusting Mothers: A Critique Of The American Law Institute's Treatment Of De Facto Parents, Robin Fretwell Wilson

Hofstra Law Review

No abstract provided.

Preventing Prescription Drug Overdose In The Twenty-First Century: Is The Controlled Substances Act Enough?, Danielle M. Nunziato

Hofstra Law Review

No abstract provided.

Prospective Parents And The Children's Rights Convention, Carter Dillard

American University International Law Review

This Article addresses the novel question of whether states parties can successfully implement the Children’s Rights Convention by placing legal obligations on prospective parents, thereby influencing not just a child’s environment, but also the procreation of that child. First, the Article takes a unique version of the child-centered perspective, one that recognizes that as we move back in time in the direction of and even before a child’s birth, our obligations to the child grow because our actions become ever more influential. The perspective also takes into account current moral theories of parental obligation to prospective children. The Article then …

Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean M. Flynn

PIJIP Faculty Scholarship

Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …

International Commercial Surrogacy And Its Parties, 43 J. Marshall L. Rev. 1009 (2010), Margaret Ryznar

UIC Law Review

No abstract provided.

Center News/Faculty And Staff Updates, Human Rights Brief

Human Rights Brief

No abstract provided.

Distributive Justice-Poverty And Economic Development, V.S. Elizabeth

Penn State International Law Review (1982 - 2011)

No abstract provided.

Encouraging Savings Under The Earned Income Tax Credit: A Nudge In The Right Direction, Vada Waters Lindsey

Faculty Publications

During 2007, 3.6 million or 9.7% of people in the United States age 65 or older were below the poverty level. In light of the number of elderly people living below the poverty level, it is important that everyone, including low-income workers, have the opportunity to save for retirement. Low-income workers face many challenges to saving for retirement. The barriers to saving include the lack of access to retirement plans and lack of investment savvy. For example, only 42% of workers employed in service occupations in the private industry have access to employer retirement plans. The percentage drops to 39% …

Bringing Human Rights Home: The Dc Right To Housing Campaign, Meetali Jain

Human Rights Brief

No abstract provided.

The Right To Life Is The Right To Food: People’S Union For Civil Liberties V. Union Of India & Others, Lauren Birchfield, Jessica Corsi

Human Rights Brief

No abstract provided.

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Maryland Journal of International Law

No abstract provided.

Multidisciplinary Representation Of Patients: The Potential For Ethical Issues And Professional Duty Conflicts In The Medical-Legal Partnership Model, Marcia M. Boumil, Debbie F. Freitas, Cristina F. Freitas

Journal of Health Care Law and Policy

No abstract provided.

Siting Green Infrastructure: Legal And Policy Solutions To Alleviate Urban Poverty And Promote Healthy Communities, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

Green infrastructure is an economically and environmentally viable approach for water management and natural resource protection in urban areas. This Article argues that green infrastructure has additional and exceptional benefits for the urban poor which are not frequently highlighted or discussed. When green infrastructure is concentrated in distressed neighborhoods—where it frequently is not—it can improve urban water quality, reduce urban air pollution, improve public health, enhance urban aesthetics and safety, generate green collar jobs, and facilitate urban food security. To make these quality of life and health benefits available to the urban poor, it is essential that urban leaders remove …

Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans

Elisabeth Haub School of Law Faculty Publications

Modern agriculture has vast environmental externalities. The pesticides, fertilizers, and sediments in irrigation runoff pollute surface and groundwater; single-crop farms destroy biodiversity; and massive amounts of fossil fuels are burned in agricultural production, post-harvest processing, and shipping. Nevertheless, farming operations have largely escaped the post-1970 expansion of federal environmental regulation. Compounding the problem, federal farm policy has encouraged the very farming practices that most cause this degradation.

In 1990, Congress passed the Organic Foods Production Act (OFPA), which created an organic food certification and labeling system. While OFPA's primary purposes are to facilitate the growth of the organic sector and …

Prospective Compensation In Lieu Of A Final Injunction In Patent And Copyright Cases, H. Tomas Gomez-Arostegui

Fordham Law Review

In a 2006 decision, eBay Inc. v. MercExchange, L.L.C., the U.S. Supreme Court held that traditional equitable factors apply to injunctions in patent and copyright cases, and therefore the mere fact that a defendant has infringed a patent or a copyright does not necessarily mean a final injunction must issue. In the three years since, lower courts have denied final injunctions more frequently than before and are now struggling with what relief, if any, to give prevailing plaintiffs in lieu of an injunction. Some courts permit plaintiffs to sue again later. But most award prospective relief to plaintiffs¾sometimes a lump-sum …

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

Articles

No abstract provided.

Oceans In The Balance: As The Sharks Go, So Go We, Paula Walker

Animal Law Review

Shark finning is amongst the most wasteful and cruel exploitation of animals currently practiced in the world today. The decimation of shark populations threatens the fragile balance of the oceans’ ecosystems and ultimately threatens the human population as well. This Article addresses the economic and cultural reasons for the continued practice and demand for shark finning. Many protections for sharks have been attempted, but nearly all fail due to inadequate restrictions and enforcement. Various international treaties and conventions have to some degree addressed the issue, including the Convention on International Trade in Endangered Species and the Convention on Migratory Species, …

A Contradiction In Interpretations: A Look At The Circuit Split Regarding Creditor Derivative Standing In Bankruptcy, Lisa J. Pappas

MC Law Review

Comment

Justiciability And The Role Of Courts In Adequacy Litigation: Preserving The Constitutional Right To Education, Julia Simon-Kerr, Robynn K. Sturm

Articles

In the first study of opinions handed down in education adequacy litigation between January 2005 and January 2008, this Article shows a marked shift away from outcomes favorable to adequacy plaintiffs. Following two decades in which courts spurred significant reforms in our nation's neediest schools by interpreting the education clauses of their state constitutions to guarantee an "adequate" education for all students, the years 2005 to 2008 have seen a dramatic change in the judicial response to adequacy litigation. Through an analysis of the latest body of cases, we show that separation of powers concerns have begun to drive state …