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Articles 5731 - 5760 of 10104
Full-Text Articles in Entire DC Network
Taking The Molst (Medical Orders For Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, Amy T. Campbell
Taking The Molst (Medical Orders For Lifesustaining Treatment) Statewide, Robert S. Olick, Joel Potash, Amy T. Campbell
Pace Law Review
No abstract provided.
A Tale Of Two Cities: Lessons Learned From New Orleans To The District Of Columbia For The Protection Of Vulnerable Populations From The Consequences Of Disaster, Laurie A. Morin
University of the District of Columbia Law Review
Like Paris before the French Revolution, New Orleans is a city of extremes. Visitors from around the world visit "the Big Easy" to sip chicory coffee and eat beignets in the French Quarter, listen to some of the country's best music at the jazz festival, and join one of the world's most famous parties during Mardi Gras. When Hurricane Katrina struck New Orleans in August 2005, it exposed the soft underbelly of New Orleans-the other side of the city where thousands of people, mostly African Americans, live in pockets of concentrated poverty unable to escape the consequences of decades of …
A Broader Liberty: Js Mill, Paternalism, And The Public’S Health, Lawrence O. Gostin, Kieran G. Gostin
A Broader Liberty: Js Mill, Paternalism, And The Public’S Health, Lawrence O. Gostin, Kieran G. Gostin
O'Neill Institute Papers
Is the ‘harm principle’, famously propounded by JS Mill and widely adopted in bioethics, an appropriate principle to guide public health regulation? The harm principle limits liberty-limiting interventions to only those instances where the person poses a significant risk of harm to others. However, much of public health regulation is not primarily directed to avert risk to others, but to safeguard the health and safety of the individual him or herself. Think about regulations regarding seatbelts, motorcycle helmets, or the fluoridation of water as illustrations of pervasive public health regulations that are primarily intended to safeguard the individual’s own health …
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
Territory, Plants, And Land-Use Rights Among The San Of Southern Africa: A Case Study In Regional Biodiversity, Traditional Knowledge, And Intellectual Property, Stephen R. Munzer, Phyllis Chen Simon
William & Mary Bill of Rights Journal
No abstract provided.
Massachusetts' System Redesign To End Homelessness: An Overview And Assessment, Donna H. Friedman, Ghazal Zulfiqar
Massachusetts' System Redesign To End Homelessness: An Overview And Assessment, Donna H. Friedman, Ghazal Zulfiqar
Center for Social Policy Publications
The Clayton-Mathews and Wilson 2003 analysis of Massachusetts’ expenditures of state and federal dollars to address family homelessness documented a serious system misalignment of public resources: that is, 80% of state and federal resources were tied up in shelter provision, while only 20%, including rental assistance, were designated for homelessness prevention (Clayton-Matthews and Wilson, 2003). Their analysis demonstrated what many had long suspected: if homelessness is to be ended in Massachusetts, fundamental changes would be needed to shift the state system from shelter-oriented toward prevention-oriented. Both the Romney and the Patrick administrations have clearly prioritized this objective with broad-based support …
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Not Just Key Numbers And Keywords Anymore: How User Interface Design Affects Legal Research, Julie M. Jones
Cornell Law Faculty Publications
Legal research is one of the foundational skills for the practice of law. Yet law school graduates are frequently admitted to the bar without adequate competence in this area. Applying both information-foraging theory and current standards for optimal web design, Ms. Jones considers, through a heuristic analysis, whether the user interfaces of Westlaw and LexisNexis help or hinder the process of legal research and the development of effective research skills.
Roger Williams University School Of Law "2009 Public Interest Auction" (2009), Roger Williams University School Of Law
Roger Williams University School Of Law "2009 Public Interest Auction" (2009), Roger Williams University School Of Law
School of Law Public Interest Auction
No abstract provided.
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, And The Fourth Amendment, Dora W. Klein
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, And The Fourth Amendment, Dora W. Klein
San Diego Law Review
Part I of this Article discusses the legal protections against involuntary medical treatment. In the typical right to refuse treatment case, a patient’s interests are divided—the patient’s interest in autonomous decisionmaking about his health requires that he be allowed to refuse medical treatment but the patient’s interest in preserving his health, and perhaps even his life, requires that he be administered involuntary treatment. Generally, when a patient chooses to refuse treatment at the expense of his own life or health, courts have ruled that the government’s interest in preserving the patient’s life or health is insufficient to justify involuntary treatment. …
Delinquent Or Distracted?: Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel
Delinquent Or Distracted?: Attention Deficit Disorder And The Construction Of The Juvenile Offender, Rashmi Goel
Sturm College of Law: Faculty Scholarship
William and Billy, 1 two boys, each 13 years old, appear in juvenile court. Neither has any criminal history. Both are doing poorly in school. Both have been cited for truancy in the past. Both are appearing on assault charges arising out of schoolyard fights. If we could peer into their brains, we would find that both have the same brain chemistry, characteristic of Attention Deficit Hyperactivity Disorder (ADHD). 2 In the end, the court finds one delinquent, and the other merely distracted. The court finds one in need of confinement, and the other in need of care. Two different …
Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Negowetti
Revisiting The Regulation Debate: The Effect Of Food Marketing On Childhood Obesity, Nicole E. Negowetti
Law Faculty Publications
No abstract provided.
Problems Of Developing Country Access To Wto Dispute Settlement, Kristin Bohl
Problems Of Developing Country Access To Wto Dispute Settlement, Kristin Bohl
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center
The Nova Southeastern Lawyer, 2009, Volume 12, Number 11, Nova Southeastern University - Shepard Broad Law Center
Nova Lawyer
No abstract provided.
Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin
Making Decisions About Our Animals' Health Care: Does It Matter Whether We Are Owners Or Guardians?, Susan J. Hankin
Faculty Scholarship
A great deal of opposition has been mounted against legislation that changes the language describing the relationship between people and their animals from “owner” to “guardian.” One of the primary arguments focuses on the claim that pet “guardians” might be faced with more limited health care choices for their pets. Behind these arguments is the premise that no one should interfere with an owner’s authority to make decisions for her animal’s health care. However, state and local laws that change the designation from pet “owner” to “guardian” will not, as opponents have argued, affect in any way our ability to …
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Brief For Amicus Curiae David A. Super: Supporting Plaintiff-Appellants Urging Reversal, In Howard V. Hawkins (2009)., David A. Super
Faculty Scholarship
The Supreme Court has consistently held that congressional intent governs whether federal statutes are privately enforceable. Where Congress has been silent, a line of cases culminating in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002), prescribes a formula for inferring congressional intent from the structure of a statute. Here, however, Congress has not been silent: the Food and Nutrition Act specifies the amount of retroactive benefits that may be awarded households in “any judicial action arising under this Act” and makes certain records of state agencies “available for review in any action filed by a household to enforce any provision …
“Utilization, Development And Conservation” Of Natural Resources For The Maximum Benefit Of Alaskans: Scrutinizing Alaska’S Permitting Regime For Large Mines, Susan Reeves, Michael Jungreis, Tina Sellers, Jim Wilkson
“Utilization, Development And Conservation” Of Natural Resources For The Maximum Benefit Of Alaskans: Scrutinizing Alaska’S Permitting Regime For Large Mines, Susan Reeves, Michael Jungreis, Tina Sellers, Jim Wilkson
Alaska Law Review Online Articles Forum
This Article disputes analyses and conclusions presented in an article about Pebble Mine published in the Alaska Law Review’s June 2008 issue. This Article discusses the history of mining in Alaska and the Pebble Project and describes the permitting regime applicable to mining exploration or development projects as it has been developed by the Alaska Legislature and the United States Congress, implemented by state and federal administrative agencies, and interpreted by federal and state courts. The Authors argue that the mining industry in Alaska has not historically proved detrimental to the fishing industry and that numerous and adequate legal safeguards …
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
Leaving Maryland Workers Behind: A Comparison Of State Employee Leave Statutes, Michael J. Hayes
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Industrial Hemp: How The Classification Of Industrial Hemp As Marijuana Under The Controlled Substances Act Has Caused The Dream Of Growing Industrial Hemp In North Dakota To Go Up In Smoke, Thomas A. Duppong
North Dakota Law Review
No abstract provided.
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Gideon Meets Goldberg: The Case For A Qualified Right To Counsel In Welfare Hearings, Stephen Loffredo, Don Friedman
Publications and Research
No abstract provided.
Patents With An "I" = Patients, Alice O. Martin, Sendil K. Devadas
Patents With An "I" = Patients, Alice O. Martin, Sendil K. Devadas
Annals of Health Law and Life Sciences
The authors address how patent protection in the United States is often quite narrow in scope, difficult to obtain, and insufficient in duration, thus stifling research and development of potential breakthrough pharmaceuticals. The authors further posit that countries that have enacted stronger intellectual property rights and research incentives have seen tremendous increases in foreign direct investment. In addressing critics of the current patent system, the authors show that alternatives to biotechnology patents would not demonstrably improve innovation and development of beneficial medicines. The authors conclude that given the substantial evidence of the patent system's benefits, and the mere speculation that …
Advertising To Children And The Commercial Speech Doctrine: Political And Constitutional Limitations, M. Neil Browne, Lauren Frances Biksacky, Alex Frondorf
Advertising To Children And The Commercial Speech Doctrine: Political And Constitutional Limitations, M. Neil Browne, Lauren Frances Biksacky, Alex Frondorf
Economics Faculty Publications
For the past forty years, efforts to limit or prohibit advertising to children have faced a powerful combination of political and constitutional limitations. The political will and pressure have not been exerted to enact and enforce meaningful regulations that curtail, in all media, the proliferation of advertising directed at children. Such advertising exploits the very market failures that governments around the world, including our own, seek to minimize. Yet even when restrictions on advertising are enacted, they are inevitably met with constitutional challenges. These two limitations - political and constitutional - rest, however, on faulty assumptions about human behavior in …
That's Ok, It's Only A Rental: The Business Of Renting Dogs, Rachit Anand
That's Ok, It's Only A Rental: The Business Of Renting Dogs, Rachit Anand
Hofstra Law Student Works
Dogs are an integral part of our society today. While the benefits arising from dog ownership are widely accepted, proper care of a dog is also time consuming and can be expensive. This paper presents the concept of renting dogs as a substitute for permanent dog ownership and specifically details the business practices of Flexpetz, Inc., a for-profit company that provides such a rental service. Given the possibility of negative physical and emotional effects on the dogs that may flow from being involved in a “renting” business, the paper surveys various anti-cruelty and animal welfare laws (Federal, State, and in …
Think Big And Ignore The Law: U.S. Corn And Ethanol Subsidies And Wto Law, Phoenix X.F. Cai
Think Big And Ignore The Law: U.S. Corn And Ethanol Subsidies And Wto Law, Phoenix X.F. Cai
Sturm College of Law: Faculty Scholarship
Everyone should care about what happens at the World Trade Organization (WTO) in Geneva. This Article argues that new challenges to US corn and ethanol subsidies are highly likely. Even though at first glance this Article deals with the specialized and esoteric field of international trade law, its sweep is much broader. The subject of this Article is also both timely and salient. Part I explains the multi-layered WTO regime on agriculture and subsidies, with particular emphasis on the delicate interplay among multiple WTO agreements. Part II discusses the Upland Cotton case in detail, highlighting in particular the implications for …
Raising A Stink: Why Michigan Cafo Regulations Fail To Protect The State's Air And Great Lakes And Are In Need Of Revision, Karly Zande
Buffalo Environmental Law Journal
No abstract provided.
The Computer Fraud And Abuse Act: Reassessing The Damage Requirement, 27 J. Marshall J. Computer & Info. L. 279 (2009), Matthew Andris
The Computer Fraud And Abuse Act: Reassessing The Damage Requirement, 27 J. Marshall J. Computer & Info. L. 279 (2009), Matthew Andris
UIC John Marshall Journal of Information Technology & Privacy Law
This comment explores whether a civil plaintiff needs to claim actual damage to a protected computer to recover against a defendant under the CFAA. Several courts have noted that there is little case law regarding damages, and the case law that exists does not help define the reach of damages. Currently, courts are split as to whether a computer system needs to have actual physical damage in order for recovery under the CFAA. Additionally, courts have not adequately addressed how to assess damages, including whether damages may be aggregated across multiple computer systems. The Third, Fifth, and Ninth Circuit Courts …
Building The Bottom Up From The Top Down, A. Michael Froomkin
Building The Bottom Up From The Top Down, A. Michael Froomkin
Articles
"Bottom up" governance. "Self-organization." These are among the most talismanic virtue-words of modern political discourse. Yet the reality is that in politics, "self-organization" is rare, being hard to initiate and even harder to sustain. As Oscar Wilde once complained about socialism, it "requires too many evenings." Governance as we tend to know it depends primarily on hierarchical institutions, or on close coordination within small groups. True partnerships, conversations among engaged equals, do not seem to scale. Indeed, whether one believes the fundamental problem to be something about the economics of group formation, the iron law of oligarchy, or something in …
Smith's Food And Drug, Inc. V. Utah Labor Commission : Brief Of Respondent, Utah Court Of Appeals
Smith's Food And Drug, Inc. V. Utah Labor Commission : Brief Of Respondent, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Brief of Respondent Utah Labor Commission
Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley
Building Livable Places: The Importance Of Landscape In Urban Land Use, Planning, And Development, Adrienne Lyles-Chockley
Buffalo Environmental Law Journal
No abstract provided.
End-Of-Life Care: Doctors' Complaints And Legal Restraints, Robert L. Schwartz
End-Of-Life Care: Doctors' Complaints And Legal Restraints, Robert L. Schwartz
Faculty Scholarship
Health lawyers and policymakers cannot always see the same shadows of the laws that are visible to health care providers, and sometimes those shadows have penumbras and emanations that are not visible to those outside of a narrow medical practice. Sometimes those shadows, whether real or imagined, cause doctors to act inconsistently with the intent of the law, and inconsistently with the requirements of good medical practice. Doctors may misread or misunderstand a law. Still, if the law as misread or misunderstood actually affects medical practice, we should not be blind to the fact of the misunderstanding. Listen to doctors' …
Competition Remedies In Consumer Markets, Luke Garrod, Morton Hviid, Graham Loomes, Catherine Waddams Price
Competition Remedies In Consumer Markets, Luke Garrod, Morton Hviid, Graham Loomes, Catherine Waddams Price
Loyola Consumer Law Review
No abstract provided.
The Nobel Effect, Roger P. Alford
The Nobel Effect, Roger P. Alford
Journal Articles
For the first time in scholarly literature, this article traces the history of modern international law from the perspective of the constructivist theory of international relations. Constructivism is one of the leadings schools of thought in international relations today. This theory posits that state preferences emerge from social construction and that state interests are evolving rather than fixed. Constructivism further argues that international norms have a life cycle composed of three stages: norm emergence, norm acceptance (or "norm cascades"), and norm internalization. As such, constructivism treats international law as a dynamic process in which "norm entrepreneurs" interact with state actors …