Digital Commons Network^™

Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi

Michigan Journal of International Law

This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial institutions. …

The Elder Economic Security Initiative™ Program: The Elder Economic Security Standard™ Index For New York, Gerontology Institute, University Of Massachusetts Boston, Wider Opportunities For Women

Gerontology Institute Publications

This report addresses income adequacy for New York’s older adults using the national WOW-GI National Elder Economic Security Standard Index (Elder Index) methodology. The Elder Index benchmarks basic costs of living for elder households and illustrates how costs of living vary geographically and are based on the characteristics of elder households, including household size, home ownership or renter status, and health status. The costs are based on market costs for basic needs of elder households and do not assume any public or private supports.

Medicare Meets Mephistopheles: Health Care, Government Spending, And Economic Prosperity, Neil H. Buchanan

UF Law Faculty Publications

This essay is an edited version of my remarks during the first panel of the Mississippi College Law Review’s symposium on health care reform, which was held on February 26, 2010, in Jackson, Mississippi. The essay integrates my prepared comments with my responses to comments and questions during the discussion period. I have also added some further thoughts on several of the issues that are relevant to the subject matter, especially in light of the subsequent passage of a major federal health reform bill. These remarks are necessarily brief, and they therefore can include only a hint of the issues …

From Research Conclusions To Real Change: Understanding The First Amendment's (Non)Response To The Negative Effects Of Media On Children By Looking To The Example Of Violent Video Game Regulations, Renee Newman Knake

SMU Law Review

No abstract provided.

Tainted Milk: What Kind Of Justice For Victims' Families In China, Yungsuk Karen Yoo

UC Law SF International Law Review

The Chinese government's reaction to the fallout from the 2008-2009 tainted milk scandal paints a vivid picture of modem Chinese legal culture and the development of the rule of law. Quick to institute criminal prosecutions but barring affected families from bringing civil suits, the government continues to maintain a firm grip on the courts, preferring to resolve disputes through mediation and settlement. Meanwhile, the Sanlu case marks a turning point in dispute resolution in China, testing the limits of access to justice for private litigants who bring tort law claims in Chinese courts. As China becomes a major global economic …

Medicare Meets Mephistopheles: Health Care, Government Spending, And Economy Prosperity, Neil H. Buchanan

MC Law Review

Symposium

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

University of Baltimore Law Review

No abstract provided.

Reflections On Judging Mothering, Chris Gottlieb

University of Baltimore Law Review

No abstract provided.

Beyond Fair Use, Gideon Parchomovsky, Philip J. Weiser

Cornell Law Review

No abstract provided.

Shades Of Gray: The Functionality Doctrine And Why Trademark Protection Should Not Be Extended To University Color Schemes, Kristen E. Knauf

Marquette Sports Law Review

No abstract provided.

Resistance, “Revolution,” And Reassessment 1981 - 1997, Richard J. Finkmoore

Faculty Scholarship

No abstract provided.

U.S. Ratification Of Cedaw: From Bad To Worse, Ann M. Piccard

Minnesota Journal of Law & Inequality

No abstract provided.

Promoting Urban Agriculture As An Alternative Land Use For Vacant Properties In The City Of Detroit: Benefits, Problems, And Proposals For A Regulatory Framework For Successful Land Use Integration, John E. Mogk, Sarah Kwiatkowski, Mary J. Weindorf

Law Faculty Research Publications

No abstract provided.

The Marketplace Metaphor And Commercial Speech Doctrine: Or How I Learned To Stop Worrying About And Love Citizens United, Darrel C. Menthe

UC Law Constitutional Quarterly

In this article, I place the Citizens United decision in historical and doctrinal context, and argue that the decision indicates a terminal stage of the development and application of the "marketplace of ideas" metaphor in First Amendment law. I argue that the "good news" about the Citizens United decision is that it sets the stage for the abolition of the commercial speech doctrine, which resulted in lower protection for commercial speech, as previously set forth in the 1980 Central Hudson decision. This is good news because the commercial speech doctrine has become a doctrinal anomaly that threatens to undermine the …

Consumer Protection In Transnational Contexts, Jacques Delisle, Elizabeth Trujillo

Faculty Scholarship

This Article provides an overview of United States consumer protection law in the growing number cases with an international dimension that arise with economic globalization, expanding transnational corporations, worldwide production chains, manufacturing outsourcing and more efficient international communication. U.S. consumer protection law remains primarily state law, including tort and product liability law, contract and warranty law, and general and product-specific consumer protection statutes. (This refers to the private law remedies for consumer goods which are the substantive laws addressed in this article.) There is little treaty-based, constitutional or federal law except for federal regulatory law that largely adopts state law …

The Social Determinants Of ‘Health’ Of Embryos: Practices, Purposes, And Implications, Roxanne Mykitiuk, Jeff Nisker

Articles & Book Chapters

An increasing focus on the biomedical determinants of the health of embryos and fetuses is resulting from new technical possibilities, clinical considerations and research purposes (Nisker and White, 2005), but also from social factors, and for a variety of reasons. An exploration of the determinants of health of embryos, just as an exploration of the determinants of child or adult health, must take into consideration traditional social determinants, including those related to the consequences of poverty, such as poor nutrition and toxic environments (World Health Organization, 1948; Wilkinson and Marmot, 2003; Raphael, 2004), but also laws, policies and institutions, which …

The Dilemma Of Direct Democracy, Craig M. Burnett, Elizabeth Garrett, Mathew D. Mccubbins

Faculty Scholarship

The dilemma of direct democracy is that voters may not always be able to make welfare- improving decisions. Lupia’s seminal work has led us to believe that voters can substitute voting cues for substantive policy knowledge. Lupia, however, emphasized that cues were valuable under certain conditions and not others. In what follows, we present three main findings regarding voters and what they know about California’s Proposition 7. First, much like Lupia reported, we show voters who are able to recall endorsements for or against a ballot measure vote similarly to people who recall certain basic facts about the initiative. We …

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Faculty Scholarship

No abstract provided.

The Punishment Of All Athletes: The Need For A New World Anti-Doping Code In Sports, Zachary Blumenthal

Journal of International Business and Law

No abstract provided.

Offending Women: A Double Entendre, Joanne Belknap

Journal of Criminal Law and Criminology

No abstract provided.

Unveiling The Distinction Between The University And Its Academic Researchers: Lessons For Patent Infringement And University Technology Transfer, Jennifer Carter-Johnson

Vanderbilt Journal of Entertainment & Technology Law

This Article explores the idea that a faculty member acting in the role of an academic researcher in the scientific disciplines should be viewed in the context of patent law as an autonomous entity within the university rather than as an agent of the university. The structure of the university laboratory within the university and the social norms associated with the activities that members of the research laboratory conduct supports such a view. Additionally, the data from the implementation of the Bayh-Dole Act reveal that universities and faculty scientists have different goals and motivations regarding the transfer of new technology …

Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas

Cornell Law Faculty Publications

This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Journal of Law and the Public Interest

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

Secretly Falling In Love: America's Love Affair With Controlling The Hearts And Minds Of Public School Teachers, Kristin D. Shotwell

The Journal of Law and Education

No abstract provided.

Well-Being Analysis, John Bronsteen

Faculty Publications & Other Works

No abstract provided.

Welfare As Happiness, John Bronsteen, Christopher Buccafusco, Jonathan S. Masur

Faculty Publications & Other Works

No abstract provided.

Connecticut Yankee Speech In Europe's Court: An Alternative Vision Of Constitutional Defamation Law To "New York Times Co. V. Sullivan?, Allen E. Shoenberger

Faculty Publications & Other Works

Disability In America: A Minority Group For Everyone, Nicholas W. Ostreim

CMC Senior Theses

July 26, 2010 marked the twentieth anniversary of the Americans with Disabilities Act; the greater implications of comprehensive disability policy are yet to be seen. Nearly twenty percent of Americans have a disability. With such a significant portion of Americans affected, is equal access to employment opportunities, transportation, and communication available? The history of disability in America tells a story of isolation and institutionalization. The civil rights movement of the 1950’s and 60’s opened up an opportunity for America’s most versatile minority group. A survey conducted by the International Center for the Disabled in 1986 showed sixty-six percent of non-institutionalized …

Keynote Address, Dean Spade

Faculty Articles

This article challenges the traditional methods taken by progressive lawyers and activists. It argues that superficial changes to a marginalizing system simply create “window dressing” that serves to reinforce the status quo. This article is a provocative call to radicalize legal practice, to be critical of all movements, and always question who is being excluded. It highlights that what may appear like making things better may actually be a contribution to the legitimization of the system that one intends to challenge.

The Global Food Crisis: Law, Policy And The Elusive Quest For Justice, Carmen G. Gonzalez

Faculty Articles

The food crisis of 2008, the subsequent financial crisis, and the ongoing climate crisis have created new challenges to the attainment of global food security. This essay examines the historic and current practices that have contributed to food insecurity in developing countries, and recommends several steps that the international community might take to promote the fundamental human right to food. The essay begins by outlining the trade and aid policies that laid the foundation for food insecurity in the global South from colonialism until the early twenty-first century. It then examines the impact of the financial crisis and the climate …