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A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey

Journal of Food Law & Policy

Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.

United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

In June 2009, citizens of the European Union elected a new European Parliament. Some Members of the European Parliament (MEPs) were reelected while some were not. The majority party is the EPP, the Group of the European People's Party, and the Group of the Progressive Alliance of Socialists & Democrats has the second majority of the seats. The elections were still governed by the Treaty of Nice, since up until very recently, the future of the Treaty of Lisbon was still uncertain. The Treaty of Lisbon was up until now rejected by a few Member States, who, by their reluctance …

Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …

Cityland – Vol. 6, No. 10, Center For New York City Law

CityLand - 2009

The November 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved a modified version of Hines’s proposed MoMA tower, capping its height at 1,050 feet and reducing its hotel component. New legislation was passed to preserve permits for stalled construction sites. The Council also debated the FRESH program to incentivize grocery stores in underserved neighborhoods and approved residential developments on City Island and in Carroll Gardens. The City Planning Commission approved the Kingsbridge Armory redevelopment and heard testimony on the Sunset Park 197-a Plan. BSA granted a special permit for …

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay F. Wiley

Georgetown Law Faculty Publications and Other Works

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …

Vol. 60, No. 2, October 14, 2009, University Of Michigan Law School

Res Gestae

•John Nannes '73: He's Paying for This Paper •Dean Gregory on Tutors •Question on the Quad •The Dual-Degree Life •The Beer Guy Returns! •The Food Court •Sesquicentennial Style •Kicking It Old School •Between the Briefs

Assigning Rights And Protecting Interests: Constructing Ethical And Efficient Legal Rights In Human Tissue Research, Natalie Ram

All Faculty Scholarship

No abstract provided.

Education Amend Part 3 Of Article 16 Of Chapter 2 Of Title 20, Relating To The Health Of Students In Elementary And Secondary Education, So As To Require Local School Systems To Conduct An Annual Fitness Assessment And To Comply With State Physical Education Instruction Requirements; Provide For Reporting Of Results; Provide For An Annual Report To The Governor; Provide For A Recognition Program; Provide For Automatic Repeal; Provide For Related Matters; Repeal Conflicting Laws; And For Other Purposes., Rosanne Cross, Ben Lorber

Georgia State University Law Review

The Act requires each local school system to conduct an annual fitness assessment program of students in elementary and secondary school during a course taught by a certified physical education teacher in which the student is enrolled. Each local school system must report the individual results of each fitness assessment to the parent or guardian of each student assessed and the aggregate results of the fitness assessments by school to the State Board of Education. The State Board of Education shall adopt standards with which to assess the student health and physical education and shall submit an annual report to …

Minimum Responsiveness And The Political Exclusion Of The Poor, Bertrall L. Ross Ii, Terry Smith

Law and Contemporary Problems

No abstract provided.

Financial Services Regulatory Reform In The Face Of An Economic Meltdown, Harvey L. Pitt

University of Dayton Law Review

This article is derived from, and updates, the Keynote Address given by the Author at the University of Dayton School of Law’s Symposium on the current economic crisis, its causes, effects and proposed solutions.

Patient Neglect In Nursing Homes And Long-Term Care Facilities In New York State: The Need For New York To Implement Programs And Procedures To Combat Elder Neglect, Amanda Bassen

Cardozo Public Law, Policy & Ethics Journal

The article argues that New York State must enhance its legal framework and programs to address the prevalent issue of patient neglect in nursing homes and long-term care facilities. It emphasizes the need for stricter staffing requirements, improved training for caregivers, and more stringent penalties for neglect, drawing on successful models from other states and international efforts to raise awareness and implement effective solutions.

An International Perspective On Battling The Bulge: Japan's Anti-Obesity Legislation And Its Potential Impact On Waistlines Around The World, Christin Lawler

San Diego International Law Journal

This Comment identifies six factors which my be analyzed to predict the outcome of Japan's new "Metabo" legislation: (1) the compelling need for anti-obesity legislation; (2) the broad authority vested in Japanese physicians and medical policymakers; (3) the Japanese cultural emphasis on harmony; (4) the structure of the Japanese Constitution; (5) the legislation's enforcement mechanisms; and (6) the costs of the program. This Comment predicts that although the cost of implementing the program could pose a serious impediment to initiating the anti-obesity campaign on a national scale, the new legislation is likely to succeed in decreasing Japanese obesity.

International Standards For The Promotion And Protection Of Children's Rights: American And South African Dimensions, Johan D. Ven Der Vyver

Buffalo Human Rights Law Review

No abstract provided.

A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, 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 deal. The article observes that the nearly decade long negotiational stalemate is symptomatic of the diametrically opposed beliefs on the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious of Doha’s exigency, i.e., as a “development” round, developing countries vehemently condemn the developed countries’ narrow commercial focus on the Doha Round talks. It will not be easy to untie this Gordian knot since both Worlds tend to think that no deal …

How To Un-Supplement A Tsunami Of Fiscal Proportions: An Examination Of The Supplemental Appropriations Process, Jonathan Black

Georgetown Law Fiscal Law and Policy Reform Briefing Papers

Article I § 9 clause 7 of the United States Constitution makes it clear that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” This single sentence provides Congress with the sole legislative authority to allocate money out of the federal treasury. Throughout the years, Congress has fleshed out this power through legislation governing how the appropriations and budgeting process should occur. Although Congress has been granted the constitutional authority to make appropriations, the President and the executive agencies that receive the funds appropriated by Congress have made themselves influential partners in this …

Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky

Buffalo Human Rights Law Review

No abstract provided.

Stereotyping Women In The Health Sector: Lessons From Cedaw, Simone Cusack, Rebecca J. Cook

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Reply To Comments On "The Devaluation Of Life", W. Kip Viscusi

Vanderbilt Law School Faculty Publications

The historical context of benefit–cost analysis provides a useful starting point for understanding why I advocate the policy application of the VSL measure despite the controversy surrounding these figures. Both Carruthers and Fourcade discuss the historical development of benefit–cost analysis, which was introduced as a policy evaluation tool within the context of public works projects. The Army Corps of Engineers and the US Department of the Interior’s Bureau of Reclamation have long assessed the economic benefits and costs of dams and related water resource projects and have used these estimates to justify the efforts, which are required by legislation to …

Coverage And Payment For Prescription Drugs Under Medicare Part B: A Complex Patchwork, Amanda Cassidy

National Health Policy Forum

As part of the diverse discussions around health care reform, many have looked to refining Medicare payment systems as a way to give health care practitioners and providers greater incentives to deliver care more efficiently, and thus slow health care spending growth. Understanding how Medicare currently pays for Part B services, including drugs covered under Part B, is essential to understanding the potential impact of these types of reforms. Most items and services covered under Part B, including most Part B drugs, are paid individually, which means practitioners and providers generally receive more payments for providing more services. Some reform …

Lurking Behind The Shadow Of Enduring Reform? School Funding And New Jersey's School Funding Reform Act Of 2008, Jeremiah Lenihan

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Advertising Trends And Consumer Protection: Hearing Before The S. Comm. On Commerce, Science And Transportation, 111th Cong., July 22, 2009 (Statement Of David Vladeck, Geo. U. L. Center), David C. Vladeck

Testimony Before Congress

No abstract provided.

Conditional Cross-Petition For A Writ Of Certiorari, Holder V. Humanitarian Law Project, No. 08-1498 (U.S. July 6, 2009), David Cole

U.S. Supreme Court Briefs

No abstract provided.

Section Nine: Article 2 Of The Convention On The Rights Of The Child And New York State Law, Clare M. Wiseman

City University of New York Law Review

No abstract provided.

Section Two: Article 6 Of The Crc And New York State Law, Chantima Chokloikaew

City University of New York Law Review

No abstract provided.

Multilayered Governance, Pluralism, And Moral Conflict, Thomas Cottier

Indiana Journal of Global Legal Studies

The quest for multilayered governance faces the problem of endemic tensions and disagreements in international relations and doubts as to whether nations truly share common values upon which an international society can be solidly built. Values, however, are equally controversial within the nation-state. We find similar tensions within domestic and regional layers of governance. In any system of governance, diverging and competing values are inevitable. There are differences in degree, but not in principle, when comparing traits of domestic and international governance. Legal experience in the fields of human rights and international trade regulation indicates that under such conditions, procedures …

Conflict Of Laws (2009), Stephanie K. Marshall, Wm Frank Carroll, James P. George

Faculty Scholarship

States' and nations' laws collide when foreign factors appear in a lawsuit. Nonresident litigants, incidents outside the forum, parallel lawsuits, and judgments from other jurisdictions can create problems with personal jurisdiction, choice of law, and the recognition of foreign judgments. This article reviews Texas conflicts cases from Texas state and federal courts during the Survey period from October 1, 2007, through September 30, 2008. The article excludes cases involving federal-state conflicts, intrastate issues such as subject matter jurisdiction and venue, and conflicts in time, such as the applicability of prior or subsequent law within a state. State and federal cases …

Assessing Legal Competencies For Obesity Prevention And Control, Wendy Collins Perdue

Law Faculty Publications

Obesity is the result of people consistently consuming more calories than they expend. A complex interaction of social and environmental conditions affects both energy consumption and physical activity levels. Health professionals who understand the social and environmental factors related to obesity risk may find it challenging to identify, understand, or develop a strategy to improve the vast array of laws that play a role in shaping our environment and behaviors.

Competency in the use of laws and legal authorities is one of the four core elements of public health legal preparedness. Legal competency" is a particularly important component of a …

Improving Legal Competencies For Obesity Prevention And Control, Wendy Collins Perdue

Law Faculty Publications

Our purpose is to offer action options that will help to improve the legal competencies of public health practitioners and policy decision makers with respect to drafting, interpreting, implementing, and enforcing laws and regulations that are relevant to the effective prevention and control of obesity. The accompanying assessment paper provided a foundation for this agenda by first establishing that legal competence for obesity prevention and control is important for both health professionals, who with proper training can effectively interject health considerations into decision- making processes, and non-health professionals involved with relevant policy and legal work, who with proper training can …