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Socioeconomic School Integration, Richard D. Kahlenberg Jun 2007

Socioeconomic School Integration, Richard D. Kahlenberg

North Carolina Law Review

No abstract provided.


Legislative Rules Revisited, Jacob Gersen Jun 2007

Legislative Rules Revisited, Jacob Gersen

Public Law and Legal Theory Working Papers

No abstract provided.


Intellectual Property Rights And The Public Sector: Why Compulsory Licensing Of Protected Technologies Critical For Food Security Might Just Work In China, Gregory C. Ellis Jun 2007

Intellectual Property Rights And The Public Sector: Why Compulsory Licensing Of Protected Technologies Critical For Food Security Might Just Work In China, Gregory C. Ellis

Washington International Law Journal

The majority of people in the developed world have the luxury of never having to address food shortages and malnutrition. In developing countries, however, ensuring food security presents greater challenges. Agricultural biotechnology has the potential to alleviate many of the food crises occurring in developing countries. Unlike private sector corporations, public sector entities are creating genetically modified (“GM”) crops to ensure food security. However, the intellectual property rights (“IPRs”) to the many technologies required to create a single GM crop are often fragmented across the private and public sectors. Fragmentation of IPRs creates a “patent thicket” that increases the challenges …


Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod Jun 2007

Client-Directed Lawyers For Children: It Is The Right Thing To Do?, Linda D. Elrod

Pace Law Review

No abstract provided.


Opportunity Gaps: The Injustice Underneath Achievement Gaps In Our Public Schools, Ross Wiener Jun 2007

Opportunity Gaps: The Injustice Underneath Achievement Gaps In Our Public Schools, Ross Wiener

North Carolina Law Review

No abstract provided.


High-Poverty Schools And The Distribution Of Teachers And Principals, Charles Clotfelter, Helen F. Ladd, Jacob Vigdor, Justin Wheeler Jun 2007

High-Poverty Schools And The Distribution Of Teachers And Principals, Charles Clotfelter, Helen F. Ladd, Jacob Vigdor, Justin Wheeler

North Carolina Law Review

No abstract provided.


On The Relationship Between Poverty And Curriculum, Henry M. Levin Jun 2007

On The Relationship Between Poverty And Curriculum, Henry M. Levin

North Carolina Law Review

No abstract provided.


Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch Jun 2007

Allocating Responsibility For The Failure Of Global Warming Policies, W. Kip Viscusi, Joni Hersch

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …


Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi Jun 2007

Allocating Responsibility For The Failure Of Global Warming Policies, Joni Hersch, W. Kip Viscusi

Vanderbilt Law School Faculty Publications

A recent series of climate change lawsuits has sought to mimic the "regulation through litigation" approach of the claims brought by the states against cigarette manufacturers. What is distinctive about the cigarette cases relative to conventional tort claims is that they were not brought on behalf of individual smokers, but rather sought to recoup the Medicaid-related costs of smoking. A parallel climate change litigation approach seeks payments from public utilities, energy producers, and other parties responsible for greenhouse gas emissions to reflect the long-term societal damages that the plaintiffs claim will be caused by this pollution. While environmental litigation of …


"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell Jun 2007

"Bad" Mothers And Spanish-Speaking Caregivers, Annette R. Appell

Nevada Law Journal

No abstract provided.


U.S. Patent Literature Survey Of Agrobacterium-Mediated Transformation Of Sweet Potato (Ipomoea Batatas), Jon R. Cavicchi, Stanley P. Kowalski, J. Jaya Murthy, Rahul R. Vartak May 2007

U.S. Patent Literature Survey Of Agrobacterium-Mediated Transformation Of Sweet Potato (Ipomoea Batatas), Jon R. Cavicchi, Stanley P. Kowalski, J. Jaya Murthy, Rahul R. Vartak

Law Faculty Scholarship

A team of researchers and patent information scientists at Franklin Pierce Law Center were asked to evaluate the patent and literature landscape related to the Agrobacterium-mediated transformation in sweet potato with respect to the U.S. patents and patent applications. This report provides a patent landscape of the Agrobacterium-mediated transformation of sweet potato. The report includes the applicable methods of transformation and has also included certain patents and patent applications which claim a transformed plant by virtue of these methods. In certain cases, the claim structure covers Agrobacterium-mediated transformation technology via system and composition of matter claims and not the more …


Rethinking School Lunch, J. Amy Dillard May 2007

Rethinking School Lunch, J. Amy Dillard

All Faculty Scholarship

No abstract provided.


Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton May 2007

Empty Laws Make For Empty Stomachs: Hollow Public Housing Laws In Utah And Other States Force The Nation's Poor To Choose Between Adequate Housing And Life's Other Necessities, Timothy Overton

Brigham Young University Journal of Public Law

No abstract provided.


European Union Food Law Update, Nicole Coutrelis May 2007

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On December 23, 2006, the European Commission published Commission Directive 2006/142/EC "amending Annex IlIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs" in regard to Directive 2000/13/EC of the European Parliament and of the Council of March 20, 2000, "on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs."' "Annex IIla of Directive 2000/13/EC lists the ingredients which must under all circumstances appear on the labeling of foodstuffs ... " and the new Directive …


Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson May 2007

Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson

Northern Illinois University Law Review

The article posits that judicial interpretations have virtually eliminated many impairments, such as alcoholism, from protection under the Americans with Disabilities Act, contrary to obvious Congressional intent. While this phenomenon is not limited to alcoholism, it is a useful illustration of the damage judicial activism has caused in this area. In enacting the ADA, Congress was particularly concerned about "stereotypic assumptions" that created myths and fears about disabled people. Alcoholics are often subjected to discrimination because of such assumptions and because they are not perceived as having a "real" illness. Moreover, Congress referred to alcoholism many times in the legislative …


Case Index May 2007

Case Index

University of Richmond Law Review

No abstract provided.


Journal Of Food Law & Policy - Spring 2007, Journal Editors May 2007

Journal Of Food Law & Policy - Spring 2007, Journal Editors

Journal of Food Law & Policy

No abstract provided.


Safe But Not Wholesome: The Troubling State Of Trans Fat Regulation, Ross Williams May 2007

Safe But Not Wholesome: The Troubling State Of Trans Fat Regulation, Ross Williams

Journal of Food Law & Policy

On March 7, 2007, the New York Times reported that Starbucks, the retail coffee chain which sells millions of baked goods every day from its over 8,700 U.S. stores, had asked its suppliers to eliminate all trans fats from their products by the end of the year. The big story for New York readers, though, was not that Starbucks was requiring the elimination of trans fats from its baked goods. In fact, New York City had just passed an ordinance strictly limiting the use of artificial trans fats, the type present in partially hydrogenated vegetable oil (PHVO), by virtually all …


Harvey V. Veneman And The National Organic Program: Can Organic Be Synthetic?, Jennifer C. Fiser May 2007

Harvey V. Veneman And The National Organic Program: Can Organic Be Synthetic?, Jennifer C. Fiser

Journal of Food Law & Policy

The market for organic products has increased dramatically in the United States and across the world in recent years.' Since 1997, sales of organic foods have grown from 15% to 21% per year, and while organic foods accounted for only 2.5% of total food sales in the United States in 2005, those sales amounted to $13.8 billion.


Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss May 2007

Defying Nature: The Ethical Implications Of Genetically Modified Plants, Debra M. Strauss

Journal of Food Law & Policy

Genetic engineering is changing the semantics, the meaning of life itself. We're trying to usurp the plant's choice. To force alien words into the plant's poem, but we [have] a problem. We barely know the root language. Genetic grammar's a mystery.... We've learned a lot about the letters-maybe our ability to read and spell words now sits halfway between accident and design - but our syntax is still haphazard. Scrambled. It's a semiotic nightmare.


United States Food Law Update, A. Bryan Endres May 2007

United States Food Law Update, A. Bryan Endres

Journal of Food Law & Policy

Michael T. Roberts and Margie Alsbrook noted in the Journal's inaugural Food Law Update that "[t]he one constancy about food law in the United States is change, especially in a rapidly-developing food industry." This observation holds true today and also augurs a change in authorship of this section of the Journal. I hope to follow my colleagues' lead and provide timely and cogent updates of the federal (and occasionally state) statutes, regulations, and judicial decisions impacting food law and policy. It is both an honor and a duty, as food and its legal implications remain in many respects "the world's …


Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien May 2007

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien

Faculty Scholarship

To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …


How The Court Got It Wrong In Woodford V. Ngo By Saying No To Simple Administrative Exhaustion Under The Plra, Karen M. Harkins Slocomb May 2007

How The Court Got It Wrong In Woodford V. Ngo By Saying No To Simple Administrative Exhaustion Under The Plra, Karen M. Harkins Slocomb

San Diego Law Review

Congress has estimated that the number of people who have been sexually assaulted in America's prisons over the past twenty years tops one million. Some inmates are sexually assaulted by guards, and some by other inmates, facilitated by guards. The problem is so rampant that Congress enacted the Prison Rape Elimination Act of 2003. Though the State has a constitutional obligation to "provide humane conditions of confinement," sometimes it fails. To receive compensation for or relief from such harm, a prisoner must conform to the guidelines provided in the Prison Litigation Reform Act of 1995 (PLRA), which requires an inmate …


Law & Health Care Newsletter, V. 14, No. 2, Spring 2007 Apr 2007

Law & Health Care Newsletter, V. 14, No. 2, Spring 2007

Law & Health Care Newsletter

No abstract provided.


Intellectual Property For The Botanist And The Plant Breeder: An Overview Of Protection Afforded By Plant Patents And Plant Variety Protection Certificates, Scott D. Locke Apr 2007

Intellectual Property For The Botanist And The Plant Breeder: An Overview Of Protection Afforded By Plant Patents And Plant Variety Protection Certificates, Scott D. Locke

Chicago-Kent Journal of Intellectual Property

No abstract provided.


Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman Apr 2007

Ethics Schmethics: The Schiavo Case And The Culture Wars, Kenneth Goodman

University of Miami Law Review

No abstract provided.


Schiavo: The Road Not Taken, Mary I. Coombs Apr 2007

Schiavo: The Road Not Taken, Mary I. Coombs

University of Miami Law Review

No abstract provided.


A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick Apr 2007

A Legal Autopsy Of The Lawyering In Schiavo: A Therapeutic Jurisprudence/Preventive Law Rewind Exercise, Bruce J. Winick

University of Miami Law Review

No abstract provided.


Schiavo And Contemporary Myths About Dying, Rebecca Dresser Apr 2007

Schiavo And Contemporary Myths About Dying, Rebecca Dresser

University of Miami Law Review

No abstract provided.


Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan Apr 2007

Fear Of Prescribing: How The Dea Is Infringing On Patients' Right To Palliative Care, Ashley Bruce Trehan

University of Miami Law Review

No abstract provided.