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The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell Jan 2010

The Cost Of Time: Haphazard Discounting And The Undervaluation Of Regulatory Benefits, Arden Rowell

Articles

When performing cost-benefit analyses, regulators typically use willingness- to-pay studies to determine how much to spend to avert risks. Because money has a time-value, when a risk is valued is inextricable from how much it is valued. Unfortunately, the studies on which regulators rely are insensitive to this fact: they elicit people's willingness to pay for risk reductions without identifying the time at which the risk reduction will occur. Relying on these time-indeterminate studies has led to a systematic skew in regulatory cost-benefit analysis, toward the undervaluation of risks to human lives. Insofar as cost-benefit analyses inform regulation, this suggests …


The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt Jan 2010

The Role Of The Human Rights Committee In Interpreting And Developing Humanitarian Law, David Weissbrodt

Articles

No abstract provided.


Insurance Demand Anomalies And Regulation, Daniel Schwarcz Jan 2010

Insurance Demand Anomalies And Regulation, Daniel Schwarcz

Articles

No abstract provided.


The Trademark Fair Use Reform Act, William Mcgeveran Jan 2010

The Trademark Fair Use Reform Act, William Mcgeveran

Articles

Sweeping assertions of exclusive trademark rights in brand names and images have a pernicious chilling effect on free expression, including fictional portrayals, commentary, political speech, parody, and comparative advertising. Some disputes lead to lawsuits. More often, speakers capitulate to litigation threats, even when the substance of the legal claims they face is very weak. As demonstrated in the author’s previous work, existing trademark “fair use” doctrines are not simple defenses that end suits quickly and cheaply, and many defendants cannot bear the resulting costs of protracted litigation.Observers have proposed a variety of improvements to trademark fair use, but this Article …


The Care, Custody, And Control Of Incarcerated Women In Ecuador, Jill Harrison, Maureen Norton-Hawk Jan 2010

The Care, Custody, And Control Of Incarcerated Women In Ecuador, Jill Harrison, Maureen Norton-Hawk

Societies Without Borders

This paper presents findings on the custody, care and control of incarcerated women in Ecuador. Although the interrelationship of abuse, poverty, drugs and incarceration is often perceived as a U.S. phenomenon, this paper presents data on a group of structurally and institutionally vulnerable women who are serving mandatory sentences of 6 to 8 years for drug possession and trafficking. Our mixed methodology of survey data, personal interviews, and secondary source materials uncovers some disturbing human rights violations and documents the challenges these incarcerated women face as mothers and inmates.


Designing Rights-Based School Feeding Programs, George Kent Jan 2010

Designing Rights-Based School Feeding Programs, George Kent

Societies Without Borders

Rights-based school feeding programs could serve as a basis for experiential learning about rights, and through that means, improve both nutritional and educational out- comes. Rights-based school feeding programs would give students the means to act to ensure that specific standards are met. Rights are supposed to be enforceable claims to specific goods or services. There must be some sort of institutional authority to which rights-holders whose claims are not satisfied can appeal to have the situation correct- ed. Enforceability means that the duty bearers, those who are to fulfil rights/ entitlements, must be obligated to do so, and they …


Bloodsucking Copyrights , Ann Bartow Jan 2010

Bloodsucking Copyrights , Ann Bartow

Maryland Law Review

No abstract provided.


Beyond The Brink: Somalia’S Health Crisis, Bryson Brown Jan 2010

Beyond The Brink: Somalia’S Health Crisis, Bryson Brown

Human Rights & Human Welfare

Somalia is approaching a daunting anniversary: in 2011, the country will begin its twentieth consecutive year without an effective centralized government. The fall of the Soviet supported Siad Barre government in 1991 created a power vacuum that was filled by warlords, clans and, most recently, Islamists. Fourteen interim governments have failed to supplant those forces. Health infrastructure and the general health of the population have been devastated as a result. Precious few organizations are still providing health-related services. Unfortunately, recent events suggest that this crisis is going to get worse before it gets better.


Urban Agriculture And Other Green Uses: Remaking The Shrinking City, Catherine J. Lacroix Jan 2010

Urban Agriculture And Other Green Uses: Remaking The Shrinking City, Catherine J. Lacroix

Faculty Publications

For many decades, the primary challenge of land use law has been how to promote and channel growth and development. Nobody wants stagnation; the cure is growth, and lately the cure has been “smart growth.” In the last several years, however, some cities have begun openly to address a previously unacknowledged truth: some cities will and do shrink. They lose population and have no foreseeable prospect of ever regaining it. The land use planning community has begun to grapple with the issue of the shrinking city, asking how we can achieve managed, “smart” shrinkage To some extent, the answer is …


The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses Jan 2010

The Energy Independence And Security Act Of 2007: Can Biotechnology Help Overcome Potential Obstacles To Meeting Its Energy Goals?, Blair H. Moses

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones Jan 2010

The Invisible Man: The Conscious Neglect Of Men And Boys In The War On Human Trafficking, 2010 Utah L. Rev. 1143 (2010), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.


Cybermarks, Dan L. Burk Jan 2010

Cybermarks, Dan L. Burk

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr Jan 2010

Redefining "Free": A Look At Open Source Software Management, Jon Christiansen, Alfred E. Hanna, Joseph A. Herndon, John L. Hines, Jr

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz Jan 2010

Regulating Consumer Demand In Insurance Markets, Daniel Schwarcz

Articles

In recent years, it has become increasingly clear that Expected Utility Theory (EUT) is a remarkably poor theory of how and why individuals purchase insurance. However, the normative implications of this conclusion have remained largely unexplored. This Article takes up this issue. It argues that many observed deviations from EUT are likely the result of mistakes, in the sense that consumers would act differently than they do if they possessed perfect information and cognitive resources. From this perspective, regulatory interventions designed to improve consumer decision-making about insurance are potentially desirable. At the same time, the Article argues that some deviations …


Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin Jan 2010

Returning Home: Women In Post-Conflict Societies, Naomi Cahn, Dina Francesca Haynes, Fionnuala Ní Aoláin

Articles

This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …


Right Question, Wrong Answer: A Response To Professor Epstein And The Permititis Challenge, Ralph F. Hall Jan 2010

Right Question, Wrong Answer: A Response To Professor Epstein And The Permititis Challenge, Ralph F. Hall

Minnesota Law Review Headnotes, Vols. 94-106 (2009-2022)

No abstract provided.


Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher Jan 2010

Insuring Against The Risk Of Collusion In Corporate Bankruptcy Cases: The Uncharted Waters Of The Insured Vs. Insured Exclusion In Directors' And Officers' Liability Insurance Policies, Cullen Ann Drescher

West Virginia Law Review

No abstract provided.


Emerging And Transitioning Countries’ Role In Global Health, Jennifer Prah Ruger, Nora Y. Ng Jan 2010

Emerging And Transitioning Countries’ Role In Global Health, Jennifer Prah Ruger, Nora Y. Ng

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini Jan 2010

Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Improving The Treatment & Prevention Of Heart Disease, Jeff Herman Jan 2010

Improving The Treatment & Prevention Of Heart Disease, Jeff Herman

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, Blake M. Mensing Jan 2010

Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, Blake M. Mensing

Sustainable Development Law & Policy

No abstract provided.


Are You Sure You Want To Eat That?: U.S. Government And Private Regulation Of Domestically Produced And Marketed Dietary Supplements, Richard Potomac Jan 2010

Are You Sure You Want To Eat That?: U.S. Government And Private Regulation Of Domestically Produced And Marketed Dietary Supplements, Richard Potomac

Loyola Consumer Law Review

No abstract provided.


Volatile Milk Industry Affected By Illegal Competition, Kyle Gaffaney Jan 2010

Volatile Milk Industry Affected By Illegal Competition, Kyle Gaffaney

Loyola Consumer Law Review

No abstract provided.


The Child Exclusion In A Global Context, Martha F. Davis Jan 2010

The Child Exclusion In A Global Context, Martha F. Davis

Case Western Reserve Law Review

No abstract provided.


Good Medicine: Why Pharmacists Should Be Prescribed A Right Of Conscience, Michael E. Duffy Jan 2010

Good Medicine: Why Pharmacists Should Be Prescribed A Right Of Conscience, Michael E. Duffy

Valparaiso University Law Review

No abstract provided.


A Primer On Child Abuse And Neglect Law, Douglas E. Abrams, Sarah H. Ramsey Jan 2010

A Primer On Child Abuse And Neglect Law, Douglas E. Abrams, Sarah H. Ramsey

Faculty Publications

No abstract provided.


Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell Jan 2010

Consumer-Generated Media And Advertising—Are They One And The Same? An Analysis Of The Amended Ftc Guides Concerning The Use Of Endorsements And Testimonials In Advertising, 10 J. Marshall Rev. Intell. Prop. L. 206 (2010), Jessica Godell

UIC Review of Intellectual Property Law

The advertising industry as well as the endorsements and testimonials that support advertising have been expanding into new mediums for years. As a result of this continual growth, the Federal Trade Commission (“FTC”) recently amended the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising (“The Guides”). The FTC, which sought to apply The Guides to consumer-generated media for the very first time, had not amended The Guides prior to these revisions in three decades. As a result, the changes garnered a number of mixed reactions from the media, consumers and the advertising and legal industries. Under the …


Healthcare Reform & The Missing Voice Of Complementary And Alternative Medicine, Gwendolyn R. Majette Jan 2010

Healthcare Reform & The Missing Voice Of Complementary And Alternative Medicine, Gwendolyn R. Majette

Law Faculty Articles and Essays

Given the high prevalence of complementary and alternative medicine (CAM) use by Americans, coupled with the emphasis placed on prevention in many of the healthcare reform proposals, this article argues that CAM should play a role in the healthcare reform conversation. Part I provides the background information on CAM including its definition, CAM use, and its cost. This section also broadly outlines the contours of the early healthcare reform proposals, those in existence as of January 2009. Part II describes how CAM would ideally be integrated into the United States healthcare system. Part III outlines the reasons CAM has been …


Nicholas Conley And Patty Olguin V. Utah Department Of Health, Dicision Of Medicand And Health Financing : Brief Of Petitioner, Utah Court Of Appeals Jan 2010

Nicholas Conley And Patty Olguin V. Utah Department Of Health, Dicision Of Medicand And Health Financing : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Petition for Review of the Final Agency Order of the Division of Medicaid and Health Financing


Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones Jan 2010

Enfeebling The Ada: The Ada Amendments Act Of 2008, Jeffrey D. Jones

Oklahoma Law Review

No abstract provided.