Digital Commons Network^™

The Fda And Deference Lost: A Self-Inflicted Wound Or The Product Of A Wounded Agency - A Response To Professor O’Reilly, David C. Vladeck

Cornell Law Review

No abstract provided.

Food, Drugs, And Droods: A Historical Consideration Of Definitions And Categories In American Food And Drug Law, Lewis A. Grossman

Cornell Law Review

No abstract provided.

A Call For Drug-Testing Of High School Student-Athletes, Scott A. Andresen

Marquette Sports Law Review

No abstract provided.

Capitalism And The Tax System: A Search For Social Justice, Beverly I. Moran

SMU Law Review

No abstract provided.

Patent Judicial Wisdom, Srividhya Ragavan

Faculty Scholarship

This paper discusses the role of the Indian Judiciary vis-A-vis the patent regime, but carefully avoids creating an exhaustive wish list. Instead, this paper uses illustrations from the United States to draw valuable lessons. Importantly, the paper does not advocate that the Indian Judiciary emulate the United States judiciary. In fact, conventional wisdom dictates that copying the policies or precedents of the West does not always work in developing countries given the stark differences in ground realities like poverty, investments, infrastructure, and other such indicators. Instead, the judicial wisdom that characterizes each of the illustrations sets the common thread for …

Envisioning The Future Of Aboriginal Health Under The Health Transfer Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The Canadian government, and many Aboriginal communities, are committed to formally transferring varying aspects of governance responsibilities from federal hands to Aboriginal ones. These transfers take various forms, from creating Aboriginal political bodies with broad sets of governance powers, as was the case with the Nisga'a Treaty of 2000, to more partial transfers of specific powers or responsibilities, or types of responsibilities. One core transfer area is public health programming, for which there are specific and highly developed initiatives dating back to around 1989. Although it is expected that these initiatives will, overall, have very positive effects for improving the …

Prenatal Management Of Anencephaly, Rebecca J. Cook, Joanna Erdman, Martin Hevia, Bernard M. Dickens

Articles, Book Chapters, & Popular Press

About a third of anencephalic fetuses are born alive, but they are not conscious or viable, and soon die. This neural tube defect can be limited by dietary consumption of foliates, and detected prenatally by ultrasound and other means. Many laws permit abortion, on this indication or on the effects of pregnancy and prospects of delivery on a woman's physical or mental health. However, abortion is limited under some legal systems, particularly in South America. To avoid criminal liability, physicians will not terminate pregnancies, by induced birth or abortion, without prior judicial approval. Argentinian courts have developed means to resolve …

Binational Guestworker Unions: Moving Guestworkers Into The House Of Labor, Jennifer Hill

Fordham Urban Law Journal

MISSING

Human Rights, Social Justice And State Law: A Manual For Creative Lawyering, Program On Human Rights And The Global Economy, National Economic And Social Rights Initiative (Nesri), Human Rights Institute

Human Rights Institute

This manual is written to help lawyers consider the role of transnational law as an interpretive tool in state constitutional and other state law litigation to protect economic and social rights.9 In Chapter I, the manual provides an overview of the relationship between state law and transnational law. In Chapter II, the manual covers key economic and social rights and provides examples of how courts have found those rights to be justiciable in a range of contexts. The principal economic and social rights discussed in Chapter II are:

• The right to health
• The right to housing
• The right to food …

Indices

Richmond Public Interest Law Review

Index of bills from the House and Senate of the Virginia General Assembly

Obesity, Poverty, And The Built Environment: Challenges And Opportunities, Wendy Collins Perdue

Law Faculty Publications

Obesity is linked to behaviors related to food consumption and physical activity. Although the factors affecting behaviors in these areas are complex, there is growing evidence that the physical characteristics of many of our communities, and particularly poorer communities, encourage obesity-generating behaviors including a sedentary lifestyle arid unhealthy eating habits. This paper explores the relationship between obesity causing behavior and the physical characteristics of communities and highlights some of the challenges and opportunities associated with changing those physical characteristics.

Let Us Eat Lettuce (And Spinach): Is The Bioterrorism Preparedness Act Enough Or Is An Independent Food Safety Agency Required?, Robert M. Yoke

Kentucky Law Journal

No abstract provided.

Discovery About Discovery: Does The Attorney-Client Privilege Protect All Attorney-Client Communications Relating To The Preservation Of Potentially Relevant Information?, Paul W. Grimm, Michael D. Berman, Leslie Wharton, Jenna Beck, Conor R. Crowley

Faculty Scholarship

No abstract provided.

Would You Like Some First Amendment Rights With That - How Mandatory Nutritional Disclosure On Restaurant Menus Violate The Freedom Of Commercial Speech, Nicole Anderson

UC Law Constitutional Quarterly

Allegations of a so-called "obesity epidemic" have spawned widespread panic throughout the United States. Legislators in California and New York have answered the outcry by crafting regulations which would mandate the disclosure of nutritional information of food items on restaurant menus and menu boards. Although these regulations dream of promoting healthier eating habits throughout the community, they do so by depriving restaurants of their First Amendment rights. A closer look at the regulations reveals a glaring violation of restaurants' freedom of commercial speech, forcing the restaurants to communicate the government's message to their customers without any true causal link between …

Deadlines In Administrative Law, Anne Joseph O'Connell, Jacob Gersen

Public Law and Legal Theory Working Papers

No abstract provided.

Growth Attenuation In The Profoundly Developmentally Disabled: A Therapeutic Option Or A Socioeconomic Convenience?, John William Mcdermott

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Revisionist Model Of Hospital Licensure., John D. Blum

Faculty Publications & Other Works

This article explores the use of a new governance approach in the context of American acute care hospital regulation, specifically focusing on the core regulatory process of licensure. This article calls for the alteration of current command and control regulations through the adoption of a four-part revisionist licensing model. The model seeks to reinvigorate the licensing process by making it not only more relevant to efficient operations, but also adaptable to current industry challenges. Based generally on alternative regulatory models such as responsive regulation, meta-regulation, and management-based regulation, the revisionist licensing proposal is driven by the broad goals of bureaucratic …

Areeda, Epithets, And Essential Facilities., Spencer W. Waller

Faculty Publications & Other Works

No abstract provided.

The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert

University of Colorado Law Review

For over thirty years, residents and the local government of Crested Butte, Colorado have been fighting to keep a molybdenum mine out of their backyard. In 2004, the High Country Citizens Alliance, the town of Crested Butte, and the Board of County Commissioners filed an administrative protest challenging several applications to patent mineral land on nearby Mt. Emmons. The Bureau of Land Management denied their protest and issued nine mineral patents. The issuance of these patents increased the likelihood of a molybdenum mine on Mt. Emmons. The unsuccessful protestors appealed the BLM's decision in federal district court. In High Country …

The Impact Of Neuroscience On Health Law, Stacey A. Tovino

Scholarly Works

Advances in neuroscience have implications for criminal law as well as civil and regulatory law, including health, disability, and benefit law. The role of the behavioral and brain sciences in health insurance claims, the mental health parity debate, and disability proceedings is examined.

Re-Thinking Humanitarian Aid In The Post-Gulf War Era: The International Committee Of The Red Cross Takes The Lead, Sarah R. Denne

Case Western Reserve Journal of International Law

No abstract provided.

Got Organic Milk? "Pasture"-Ize It! An Analysis Of The Usda's Pasture Regulations For Organic Dairy Animals, Fatema Merchant

Animal Law Review

Trouble brews, on the other hand, for those advocates who aim farther afield, who demand that animals be granted formal legal rights. Graphics and adjectives alone are vastly insufficient to validate just how that project would operate under the law or how science and logic would support a formal position on animals as “rights-holders.” Unhappily, the animal rights movement, as it takes such aim, has shown that it is weaker, not stronger, for the effort. Separate from its vulnerability to criticism by those politically opposed, a call for legal rights for animals is without justification on the very two pillars …

Dog Meat In Korea: A Socio-Legal Challenge, Rakhyun E. Kim

Animal Law Review

This article explores the dog meat debate in Korea from a socio-legal perspective. It first examines the legal status of dogs and dog meat, and the legal protection for dogs under the old and new legislative frameworks. It then discusses socio-legal challenges to banning dog meat in the Korean context, employing examples of both legal approaches taken by other countries and the politics of dog meat in Korea, specifically. The article argues that the controversy over dog meat must be reframed and dog meat be socially redefined in order to protect dogs, which are currently caught in the conflict over …

Fall Of The Rocket: Steroids In Baseball And The Case Against Roger Clemens , Daniel Healey

Marquette Sports Law Review

No abstract provided.

Bills Passed By The 2008 Session Of The General Assembly

Richmond Public Interest Law Review

A legislative summary about the bills that passed in the 2008 Virginia General Assembly

Livability, Regional Equity, And Capability: Closing In On Sustainable Land Use, Nancy D. Perkins

University of Baltimore Law Review

No abstract provided.

Allies Not Adversaries: Teaching Collaboration To The Next Generation Of Doctors And Lawyers To Address Social Inequality, Elizabeth Tobin Tyler

Pro Bono Collaborative Staff Publications

Recent reports from the Carnegie Foundation for the Advancement of Teaching, as well as from other medical and legal educators, stress that professional training of doctors and lawyers focuses too narrowly on knowledge-based learning, and not enough on context-based problem solving, professionalism, and ethics. Tracing recent calls from both legal and medical educators to increase the teaching of ethics, social responsibility, the lawyer-client and doctor-patient relationship, and holistic problem-solving, this article offers a model of interdisciplinary medical-legal education focused on developing practitioners sensitive to the needs of diverse and disenfranchised clients and patients. It highlights a burgeoning medical-legal partnership model, …

Money, Fear And Prejudice: Why The Courts Killed Terri Schiavo, Priscilla Norwood Harris

Journal Publications

On March 31, 2005, thirteen days after the court-ordered removal of her feeding tube, Theresa Marie Schindler Schiavo (Terri) died from dehydration. At the time of her death, Terri did not suffer from a terminal condition; if provided with nourishment, her life expectancy was at least ten years. Since February 1990, Terri had been unconscious. Terri left no living will or written directive as to her wishes. Family members vehemently disagreed as to whether Terri, raised in the Catholic faith, would have wanted her feeding tube removed. To legally end Terri's life, Florida law required the person petitioning for her …

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

Journal Publications

We are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.

Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change.

Vindicating The Public Interest: The Public Law Implications Of Attorneys' Fee Restrictions In Class Actions, Andrew D. Thibedeau

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.