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Since Children Are Not Little Adults—Socially—What’S An Environmental Economist To Do?, Sandra Hoffmann Apr 2007

Since Children Are Not Little Adults—Socially—What’S An Environmental Economist To Do?, Sandra Hoffmann

Duke Environmental Law & Policy Forum

No abstract provided.


Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel Apr 2007

Suppose The Schindlers Had Won The Schiavo Case, Alan Meisel

University of Miami Law Review

No abstract provided.


(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers Apr 2007

(Mis)Framing Schiavo As Discrimination Against Persons With Disabilities, Leslie Pickering Francis, Anita Silvers

University of Miami Law Review

No abstract provided.


Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson Apr 2007

Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Interventions To Help Address The Obesity And Asthma Epidemics In Children, Catherine Malina, John M. Balbus Apr 2007

Environmental Interventions To Help Address The Obesity And Asthma Epidemics In Children, Catherine Malina, John M. Balbus

Duke Environmental Law & Policy Forum

No abstract provided.


Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman Apr 2007

Fighting Childhood Obesity Through Performance-Based Regulation Of The Food Industry, Stephen D. Sugarman, Nirit Sandman

Duke Law Journal

That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific changes in the behavior of food companies and school officials--and yet, there is little reason for confidence that these "command and control" strategies will make a difference. Instead, we propose "performance-based regulation" of the food industry. This is analogous to the approach our country is now …


The Competitive Food Conundrum: Can Government Regulations Improve School Food?, Ellen Fried, Michele Simon Apr 2007

The Competitive Food Conundrum: Can Government Regulations Improve School Food?, Ellen Fried, Michele Simon

Duke Law Journal

No abstract provided.


The Administrative Judiciary's Independence Myth, James E. Moliterno Apr 2007

The Administrative Judiciary's Independence Myth, James E. Moliterno

Faculty Publications

No abstract provided.


The Debtor-Patient Revisited, Melissa B. Jacoby Mar 2007

The Debtor-Patient Revisited, Melissa B. Jacoby

Saint Louis University Law Journal

No abstract provided.


Finding The Fastest Way To Her Heart: Linking Clinical And Policy Pathways, Paula Johnson, Brian R. Schuetz, Shelley M. Stark, Dora Tovar Mar 2007

Finding The Fastest Way To Her Heart: Linking Clinical And Policy Pathways, Paula Johnson, Brian R. Schuetz, Shelley M. Stark, Dora Tovar

New England Journal of Public Policy

The Mary Horrigan Connors Center for Women’s Health and Gender Biology at Brigham and Women’s Hospital in Boston, integrates research, clinical practice, and policy analysis with practical application to emerging women’s health issues. Recently, an interdisciplinary team of practitioners examined pathways to improving women’s heart health. Beginning with the evidence that a heart-healthy diet leads to improved health outcomes for women with cardiovascular disease, the Connors Center team charted a course of intellectual exploration that culminated in a broader community dialogue on how to improve access to healthy and affordable food. Through clinical experiences, research activities, and an ongoing interchange …


Fairfax County's Commitment: A Housing And Health Continuum For Seniors, Judith D. Moore, Lisa Sprague Mar 2007

Fairfax County's Commitment: A Housing And Health Continuum For Seniors, Judith D. Moore, Lisa Sprague

National Health Policy Forum

This one-day site visit focused on the range of services made available to seniors by Fairfax County, Virginia, including senior centers, adult day health care, and assisted living and independent housing. Services to low-income residents were emphasized. Participants were introduced to the different agencies and funding streams involved and were able to observe how county officials have acted on a stated commitment to help seniors who wish to age in place, staying in the county and in their own homes rather than in a nursing home or other institution. The day included tours of two Fairfax County multiservice sites, in …


Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Kenneth Levy Mar 2007

Gonzales V. Oregon And Physician-Assisted Suicide: Ethical And Policy Issues, Kenneth Levy

Tulsa Law Review

No abstract provided.


Trivia Questions & Answers, Meg Butler Mar 2007

Trivia Questions & Answers, Meg Butler

Faculty Publications By Year

No abstract provided.


International Enclosure, The Regime Complex, And Intellectual Property Schizophrenia, Peter K. Yu Mar 2007

International Enclosure, The Regime Complex, And Intellectual Property Schizophrenia, Peter K. Yu

Faculty Scholarship

The year 2005 marked the tenth anniversary of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Since it entered into effect on January 1, 1995, the Agreement has impacted a wide variety of areas, including agriculture, health, the environment, education, culture, competition, free speech, democracy, and the rule of law. Today, intellectual property protection has been considered a major issue in both the domestic and international policy debates, and policymakers have actively explored intellectual property issues in many different international regimes. These regimes range from public health to human rights and from biological diversity to information and communications.

As …


Throw Another Cloned Steak On The Barbie: Examining The Fda's Lack Of Authority To Impose Mandatory Labeling Requirements For Cloned Beef, Matthew R. Kain Mar 2007

Throw Another Cloned Steak On The Barbie: Examining The Fda's Lack Of Authority To Impose Mandatory Labeling Requirements For Cloned Beef, Matthew R. Kain

North Carolina Journal of Law & Technology

No abstract provided.


Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft Mar 2007

Inside Unlv, Diane Russell, Shane Bevell, David Ashley, Grace Russell, Lisa Shawcroft

Inside UNLV

No abstract provided.


Nobody's Perfect, Stephan Landsman Mar 2007

Nobody's Perfect, Stephan Landsman

Nevada Law Journal

No abstract provided.


Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker Feb 2007

Gender Equity In College Athletics: Women Coaches As A Case Study, Deborah L. Rhode, Christopher J. Walker

ExpressO

As Title IX celebrates its 35th anniversary, many have noted the positive impact it has had on women sports. But there is also an unintended (and oft-neglected) byproduct: as opportunities for female students have increased, opportunities for female professionals have declined. This Article focuses on the barriers that still confront women in college athletics, particularly those who seek professional positions in coaching and administration. Part I presents a brief overview of Title IX, which makes clear its limitations in securing gender equity. Part II.A discusses the declining representation and lower success rate of women coaches, while Part II.B explores the …


A Grassroots Vehicle For Sustainable Energy: The Conservation Reserve Program & Renewable Energy, Jared Wiesner Feb 2007

A Grassroots Vehicle For Sustainable Energy: The Conservation Reserve Program & Renewable Energy, Jared Wiesner

William & Mary Environmental Law and Policy Review

No abstract provided.


Deconstruction Of Marriage: The Swedish Case, Allan Carlson Feb 2007

Deconstruction Of Marriage: The Swedish Case, Allan Carlson

San Diego Law Review

The real debate is over the nature of marriage, and of society. The first model noted in this Article emphasizes variability and change. The second model sees marriage as an institution, universal in its basics. For consistent ideological reasons, Sweden's socialists openly embraced the first model, because conventional marriage stood in the way of their collectivist ambitions. Marriage embodied a rival set of loyalties that prevented emergence of the desired androgynous individual dependent on the central state and forestalled the socialization of private life. Until recently, American debate over the meaning of marriage has been much more muddle than the …


Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse Jan 2007

Gavels In The Nursery: An Appellate Court Shuts Out Parents And Physicians From Care Decisions, Kellie R. Lang, Steven Leuthner, Arthur R. Derse

Annals of Health Law and Life Sciences

This article explores a recent Wisconsin Court of Appeals decision in a medical malpractice case and its ramifications regarding Wisconsin's informed consent statute. The authors compare and contrast this decision with previous Wisconsin Supreme Court cases and consider the relevance of applicable federal law. The article presents a thoughtful analysis of how the Wisconsin Court of Appeals should have approached the issue, as well as how it created potential conflicts regarding the ethical duties of healthcare providers treating children.


On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco Jan 2007

On The Legal Consequences Of Sauces: Should Thomas Keller's Recipes Be Per Se Copyrightable?, Christopher J. Buccafusco

All Faculty Scholarship

The restaurant industry now takes in over $500 billion a year, but recent courts have been skeptical of the notion that one of its most valuable assets, original recipes, are subject to copyright protection. With more litigation looming and the contours of the debate insufficiently mapped out, this article establishes the appropriate groundwork for analyzing the copyrightability of recipes. I show that, contrary to recent appellate court opinions, recipes meet the statutory requirements for copyrightability. I argue, by analogizing to musical compositions, that written recipes work to satisfy the fixation requirement of copyright law just as musical notation does for …


Collateral Damage: The Aftermath Of The Political Culture Wars In Schiavo, Kathy L. Cerminara Jan 2007

Collateral Damage: The Aftermath Of The Political Culture Wars In Schiavo, Kathy L. Cerminara

Faculty Scholarship

Kathy Cerminara, Collateral Damage: The Aftermath of the Political Culture Wars in Schiavo, 29 Western New England Law Review 279 (2007). Theresa Marie Schiavo died a celebrity at the age of 42 in Pinellas Park, Florida, in early 2005. She never sought the public spotlight; she never even knew she was a celebrity. She became a celebrity, one of the best-known figures in bioethics, because of politics. This Article examines the politics surrounding her death and draws some conclusions about the aftermath for those left behind in the America Ms. Schiavo departed. The lessons of Schiavo are mixed. It …


The Government's Manufacture Of Doubt, Helen Norton Jan 2007

The Government's Manufacture Of Doubt, Helen Norton

First Amendment Law Review

No abstract provided.


Judicial Deference To Administrative Agencies And Its Limits, Graham G. Martin, David A. Super Jan 2007

Judicial Deference To Administrative Agencies And Its Limits, Graham G. Martin, David A. Super

Faculty Scholarship

No abstract provided.


Meeting Basic Survival Needs Of The World's Least Healthy People: Toward A Framework Convention On Global Health, Lawrence O. Gostin Jan 2007

Meeting Basic Survival Needs Of The World's Least Healthy People: Toward A Framework Convention On Global Health, Lawrence O. Gostin

Georgetown Law Faculty Lectures and Appearances

This article searches for solutions to the most perplexing problems in global health - problems so important that they affect the fate of millions of people, with economic, political, and security ramifications for the world's population. There are a variety of solutions scholars propose to improve global health and close the yawning health gap between rich and poor: global health is in the national interests of the major State powers; States owe an ethical duty to act; or international legal norms require effective action. However, arguments based on national interest, ethics, or international law have logical weaknesses. The coincidence of …


The Law Of Unintended Consequences, Margaret Howard Jan 2007

The Law Of Unintended Consequences, Margaret Howard

Scholarly Articles

My purpose is to talk about the 2005 Amendments and how things are going with the new provisions. But where do you start, with a bad law? We could start with the enactment process, but that's old news now. And besides,you've already heard the line: "Some members of Congress could not be bought; for everyone else there was MasterCard." We could talk about the policy choices, and the 2005 Amendments clearly represent a shift in that respect--perhaps in the category of "seismic" or "cataclysmic."


Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program) Jan 2007

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.


Heroes, Lawyers, And Writers - A Review Of Two Schiavo Books, Lois Shepherd Jan 2007

Heroes, Lawyers, And Writers - A Review Of Two Schiavo Books, Lois Shepherd

Nova Law Review

No abstract provided.


Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski Jan 2007

Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski

Law Faculty Scholarship

Safety concerns over the use of molecular biotechnology in the improvement of crops has generated substantial, heated and confusing debates, often driven by ideology and hysterics. Modification of crops is not new, and biotechnology (in its broadest sense) has been used for over a century to accelerate the development of new crops for food, feed and fibre, so as to meet the demands of a growing global community. The introduction of crops developed via molecular biotechnology [Genetically Modified Crops (GMCs)] represents the latest step in this inexorable innovative progression of technology. However, misinformed concern has led to a broad embrace …