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United States Food Law Update: Consumer Protections And Access To Information: Rbst, Bpa, The Ada And Color Additives, A. Bryan Endres

Journal of Food Law & Policy

Five significant legal developments in the first half of 2008 warrant examination in this version of the Food Law Update. Comprehensive discussions of recombinant bovine somatotropin (rBST)- related dairy product labeling and regulatory actions regarding Bisphenol A (BPA) use in food and food contact materials comprise the bulk of this article's analysis. Briefer discussions concerning consumer class action litigation for false advertising claims, an Americans with Disabilities Act case from the Second Circuit Court of Appeals and New York City Board of Health regulations requiring certain chain restaurants to post caloric content information on menus comprise the balance of this …

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

The European Union (EU) is facing major institutional challenges because Ireland rejected the Treaty of Lisbon last summer. The Treaty of Lisbon aims at modifying the institutional framework of the EU; more precisely, it aims in part at modifying the interaction of the various EU regulatory bodies with one another, as well as the interaction between the EU regulatory bodies and the national ones. The next few months will be decisive in determining whether the Treaty of Lisbon will finally replace the Treaty of Nice.

Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang

UF Law Faculty Publications

As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …

Cultural Norms As A Source Of Law: The Example Of Bottled Water, Christine A. Klein, Ling-Yee Huang

Cardozo Law Review

As a metaphor for the interaction of law and culture, bottled water is striking in its simplicity and clarity. Bottled water consumers form a surprisingly loyal subculture of beverage drinkers, united by the water truths and water myths that they embrace. More recently, an equally fervent subculture of bottled water protestors has begun to coalesce. Notably, the cultural norms associated with both supporters and detractors extend beyond mere hydration and encompass such fundamental and varied notions as health, taste, convenience, status, morality, anti-privatization, sustainability, and truth-telling. In contrast to the cultural story, the legal narrative is surprisingly sparse, overlooking an …

Spoliation Of Electronically Stored Information, Good Faith, And Rule 37(E), Andrew Hebl

Northern Illinois University Law Review

The Federal Rules of Civil Procedure were amended effective December 1, 2006 to address concerns about discovery of electronically stored information. One of those amendments, Rule 37(e), created a safe harbor for parties who destroy relevant information as a result of the good faith, routine operation of their electronic storage systems. The rule recognizes the enhanced difficulty of preserving relevant information in the electronic context due to the automatic operation of electronic storage systems and the necessary deletion and modification of such systems' contents from time to time due to storage constraints and other technological limitations. The rule's good-faith requirement …

Medical Malpractice Law, Kathleen M. Mccauley, William F. Demarest Iii

University of Richmond Law Review

No abstract provided.

Agriculture And Ecosystem Services: Strategies For State And Local Governments, J.B. Ruhl

Vanderbilt Law School Faculty Publications

Agriculture has long been the Rubik's Cube of environmental policy. Although agriculture is a leading cause of pollution and other environmental harms, it has been resistant to regulation and remarkably successful at requiring payment to do the right thing. This article focuses on hints of movement in a new direction for agriculture, arising out of a merger between the age-old practice of paying farmers to do what is right, the fear of losing agricultural lands to suburban development, the rising fiscal burdens to state and local jurisdictions presented by new suburban development, and the new understanding that farms may hold …

Vol. 59, No. 5, October 29, 2008, University Of Michigan Law School

Res Gestae

•Jenny Runkles Banquet •Letter from the Editor •Tech Column •Save Yourself •Between the Briefs •Presidential Debate •This is Water •Best of LawOpen •The Food Court

Tending To Richmond's Children: Community Strategies To Bridge Service Gaps, Judith D. Moore, Jessamyn Taylor

National Health Policy Forum

The National Health Policy Forum sponsored a site visit to Richmond, Virginia, in October 2008 to explore social and environmental determinants of children’s health, including the impacts that poverty and exposure to lead-based paint have on birth outcomes, child development, and school readiness; and the community's efforts to address them. Though not large in population terms, Richmond faces many of the social and economic problems often common in larger urban areas—concentrated poverty, migration of wealth and services to the surrounding counties, a high infant mortality rate, and troubled schools. The site visit explored community strategies to improve birth outcomes and …

The Professional Ethics Of Billing And Collections, Mark A. Hall, Carl E. Schneider

Articles

Medicine is a Profession on which physicians rely for their livelihood and patients for their lives. If physicians do not charge for services, they cannot survive. If patients cannot afford those services, they cannot survive. No wonder many physicians have long agreed that fees are “one of the most difficult problems . . . between patient and physician.” For years comprehensive insurance subdued this problem, but currently widespread underinsurance and consumer-directed health care are reviving it. Even as the ranks of the uninsured continue to increase,the latest hope for controlling medical costs requires insured patients to pay for much more …

Amicus (Fall 2008), University Of Colorado Law School

Amicus

Throughout its history Colorado Law has produced alumni who have gone on to forge their own careers in something other than the legal field. In this issue you will learn about a few of these alumni who were able to combine the skills that they acquired at Colorado Law with their creativity in order to become successful entrepreneurs.

Featured in this issue:

• Steve Ehrhart ‘72
• Elizabeth Cook ‘82
• Stan Dempsey ‘64
• Glenn Jones ‘61
• Julie Penner ‘09

Got Controversy - Milk Does, Margaret Sova Mccabe

Law Faculty Scholarship

This article analyzes ongoing controversy over how to best label rBST-free milk. Recombinant bovine somatotropin is a genetically engineered drug administered by some farmers to their dairy herds to increase milk production. FDA first approved its use in 1994, despite great controversy. The FDA also issued labeling guidelines that allowed voluntary disclosure of rBST-free milk, so long as it carried the disclaimer that no difference could be detected between milk produced with rBST and rBST-free. The controversy continues today as consumers express a preference for rBST-free milk and many rBST-free producers label their milk this way. "Conventional" milk (with rBST) …

Protection Of Trademarks And Geographical Indications, Inessa Shalevich

Buffalo Intellectual Property Law Journal

No abstract provided.

Stop! Are You Sure You Want To Throw Grandpa's Body Away?, Thomas A. Robinson

University of Miami Law Review

No abstract provided.

The Misinterpretation Of The Patent Exhaustion Doctrine And The Transgenic Seed Industry In Light Of Quanta V. Lg Electronics, Tod Michael Leaven

North Carolina Journal of Law & Technology

No abstract provided.

Motions 2008 Volume 44 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

"No Cherries Grow On Our Trees": A Social Policy Research Paper For The Take Action Project, A Public Policy Initiative To Address Women’S Poverty And Violence Against Women, Wendy Komiotis, Nora Currie, Janet Mosher

Commissioned Reports, Studies and Public Policy Documents

This is a project about women, not as a homogeneous and objectified category, but about women as agents whose lives are shaped by the multiple dimensions of their identities, including their Aboriginal status, age, class, disability, race, sexual orientation, gender identity and status (be it family, immigration, or health). It is a project that speaks to the realities of women’s lives, in particular the harsh realities of poverty and violence. It is also a project about you. Given the high rates of both poverty and violence, many of you will share these experiences. Many of you may be one job, …

Nicholas Freudenberg: A Selected Bibliography To Accompany A Conversation On Health And Law, Julie Graves Krishnaswami

City University of New York Law Review

No abstract provided.

Balco, The Steroids Scandal, And What The Already Fragile Secrecy Of Federal Grand Juries Means To The Debate Over A Potential Federal Media Shield Law, Peter Meyer

Indiana Law Journal

No abstract provided.

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Southeastern Environmental Law Journal

No abstract provided.

Panel Discussion: A Conversation On Health And Law, Ruthann Robson, Janet Calvo, Nicholas Freudenberg

City University of New York Law Review

No abstract provided.

Global Health Law: A Definition And Grand Challenges, Lawrence O. Gostin, Allyn L. Taylor

O'Neill Institute Papers

It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need …

Global Health Law Governance, Lawrence O. Gostin

O'Neill Institute Papers

The field of public health law traditionally focuses on law at the national and sub-national level. National legal systems, however, are inadequate to deal with major threats to humans. Despite the inadequacies of national governance, there are fundamental questions that need resolution in the field of global health law: Why should governments care about the health of people far away? Are profound health disparities just and, if not, is there a corresponding obligation to redress the injustice? Can international law effectively bind governments, foundations, and corporations to act for the global good? This article, based on a lecture at Emory …

The International Review | 2008 Fall, Michael Rhee

The International Review Newsletter

Responding to rising food prices: The limits of international law

Avast! International law and piracy on the high seas

Upholding a safeguard in the “war on terror”: The right to challenge government detention

The Responsibility to Protect: A new approach in stopping mass atrocities

The North Atlantic Treaty Organization: Legal aspects of its evolving security mission

Fleeing from Iraq: How effective is the UN refugee convention?

Fighting Internet censorship through international trade

Lowering oil prices by suing OPEC?

Outsourcing reproduction to other nations?

Anti-anorexia law in France

Legal rights for apes in Spain

Foreign libel suits and the protection of …

Big Food's Trip Down Tobacco Road: What Tobacco's Past Can Indicate About Food's Future, Joshua Logan Pennel

Buffalo Public Interest Law Journal

No abstract provided.

Motions 2008 Volume 44 Number 1, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

"Imminent Danger" And Inconsistency: The Need For National Reform Of The "Imminent Danger" Standard For Involuntary Civil Commitment In The Wake Of The Virginia Tech Tragedy, Alison Pfeffer

Cardozo Law Review

No abstract provided.

True Or False: The Expanding "False By Necessary Implication" Doctrine In Lanham Act False Advertising, And How A Revitalized Puffery Defense Can Solve This Problem, Sarah Samuelson

Cardozo Law Review

No abstract provided.

Is American Health Care Uniquely Inefficient?, Alan M. Garber, Jonathan Skinner

Dartmouth Scholarship

No abstract provided.