Digital Commons Network^™

Obesity, Public Health, And The Food Supply, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This Article proposes a three-part approach to improve the food supply. Specifically, it explores government taxing and spending, two traditional public health tools, and suggests that both of these governmental powers can be used to make healthier foods more readily reasonable prices, while increasing the cost of less healthy alternatives. Finally, it proposes that we promote a true “food democracy” through the creation of an education and awareness campaign. This campaign would not only better educate Americans about proper nutrition but would also focus on how we can change our entire relationship with food. It would encourage consumption of locally …

Who's Afraid Of The Geneva Conventions? Treaty Interpretation In The Wake Of Hamdan V. Rumsfeld, Anthony Clark Arend

American University International Law Review

No abstract provided.

The Use Of Drug Testing To Police Sex And Gender In The Olympic Games, Haley K. Olsen-Acre

Michigan Journal of Gender & Law

Part I of this Article discusses the history and development of sex testing and drug testing and argues that the two are both historically and ideologically linked. Part II examines the current Code in detail and argues that the Code's focus on hormone-based controls acts to police sex and gender in Olympic athletes, thereby extending historical sex testing practices to a new era. This Article ultimately concludes that without recognizing and addressing the need for further research into the role of "sex" hormones in the body and the interplay of social context and biological circumstances, the IOC cannot maintain an …

Chevron's Demise: A Survey Of Chevron From Infancy To Senescence, Linda Jellum

Articles

No abstract provided.

Why "Managing" Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law, Kyle Ash

Animal Law Review

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature …

Anti-Anti-Anti-Paternalism, Claire Hill

Articles

Is government justified in being paternalistic? To some, the answer is yes - government sometimes knows better than people do what is best for them. If people are allowed unfettered free choice, they will not always be acting in their own best interests. Others, with a more libertarian bent, object that people know what is best for them and, in any event, should be able to do what they choose to do.

The Protection Of Women Form Domestic Violence Act: Solution Or Mere Paper Tiger?, Amy Hornbeck, Bethany Johnson, Michelle Lagrotta, Kellie Sellman

Loyola University Chicago International Law Review

No abstract provided.

Botswana's Success In Balancing The Economics Of Hiv/Aids With Trips Obligations And Human Rights, Beata Guzik

Loyola University Chicago International Law Review

No abstract provided.

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.

Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein

Law and Contemporary Problems

Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even though that treatment would trouble many consumers. Steps should be taken to promote disclosure so as to fortify market processes and to promote democratic discussion of the treatment of animals.

The Family Justice Center Collaborative Model, Casey Gwinn, Gael Strack, Susan Adams, Rebecca Lovelace, Deborah Norman

Saint Louis University Public Law Review

No abstract provided.

Trans Fat: Can New York City Save Its Citizens From This "Metabolic Poison"?, Elizabeth Y. Spivey

Georgia Law Review

Trans fat was developed by chemists at the turn of the century and became an increasingly large part of the American diet. Trans fat in the form of partially hydrogenated vegetable oil now makes up 2% of all calories consumed in the United States. In the past two decades, studies have shown that artificially created trans fat increases cholesterol and increases the risk of coronary heart disease, heart attack, and type II diabetes. In response to these health concerns, New York City's Board of Health voted to ban trans fat from restaurant fare in December 2006. Other cities and local …

Standard Oil Rises Again: How Eroding Legal Protections And Lax Regulatory Oversight Harm Consumers, Tyson Slocum

Loyola Consumer Law Review

No abstract provided.

Medical Futility Statutes: No Safe Harbor To Unilaterally Refuse Life-Sustaining Treatment, Thaddeus Mason Pope

Faculty Scholarship

Over the past fifteen years, a majority of states have enacted medical futility statutes that permit a health care provider to refuse a patient's request for life-sustaining medical treatment. These statutes typically permit the provider to unilaterally stop LSMT where it would not provide significant benefit or would be contrary to generally accepted health care standards. But these safe harbors are vague and imprecise. Consequently, providers have been reluctant to utilize these medical futility statutes.

This uncertainty probably cannot be reduced. Consensus on substantive measures of medical inappropriateness has proven unachievable. Only a purely process-based approach like that outlined in …

Stephen A. Giusti V. Sterling Wentworth Corporation, A Utah Corporation, Sungard Data Systems, Inc., John Hyde And Paul Erickson : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

On Appeal from the Judgment of the Third District Court In and For Salt Lake County, State Of Utah, The Honorable L.A. Dever, presiding

Lost Paternity In The Culture Of Motherhood: A Different View Of Safe Haven Laws, Jeffrey A. Parness

Valparaiso University Law Review

No abstract provided.

Rethinking The "Good Cause" Requirement: A New Federal Approach To Granting Protective Orders Under F.R.C.P.26(C) , Ashley A. Kutz

Valparaiso University Law Review

No abstract provided.

Privatization And The Human Right To Water: Challenges For The New Century, Melina Williams

Michigan Journal of International Law

This Note considers implications for the human fight to water in the context of the trend toward privatization of water supplies. Part II examines the legal bases of the right to water, and Part III discusses the potential obligations that arise from it. Part IV then looks at the interaction between the fight to water and arrangements to privatize water supplies. This Note posits that human rights law does not simply support or oppose privatization of water supplies and services. Rather, bringing a human rights perspective to the problem of providing water to the world's population both clarifies the minimum …

Hanson V. Hanson : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

The Detention, Confinement, And Incarceration Of Pregnant Women For The Benefit Of Fetal Health, April L. Cherry

Law Faculty Articles and Essays

Section One of this Article discusses the effect of drug policy on the detention and confinement of pregnant women. This section also outlines three types of "fetal protection measures" that result in the detention, confinement, or incarceration of pregnant women in the name of fetal health and examines the legal rationales behind these mechanisms. Section One then questions whether detention is an effective way to reach the state's articulated goal of better fetal outcomes. Section Two offers a discussion of the constitutional rights at issue. This section addresses the ways in which detention violates two essential components of women's rights: …

Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa

University of Miami Inter-American Law Review

No abstract provided.

The Empire Strikes Back: The Insurance Industry Battles Toxic Mold, Bryan Lake

William Mitchell Law Review

No abstract provided.

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

Journal Articles

The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …

Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo

UF Law Faculty Publications

In recent years, there has been an explosion in the genetic manipulation of living organisms to create commercial products. This genetic manipulation has, in effect, been a directed change in the evolutionary process for the purpose of profit. This deliberate alteration of the path of evolution has brought with it a panoply of novel environmental, human health, and economic risks that could not have been foreseen when U.S. environmental and health protection laws evolved. U.S. environmental law has not evolved to keep pace with these dramatic changes in the evolution of our biological systems. Thus, completely new approaches are needed …

Title Ix: How We Got It And What A Difference It Made, Bernice Resnick Sandler

Cleveland State Law Review

This article is a longer version of two speeches, one given at Women Rock: Title IX Academic and Legal Conference held at Cleveland State University on March 30, 2007 sponsored by McDonald Hopkins LLC, and one given in San Francisco at an Equal Rights Advocates fundraiser on June 8, 2007. In this article, the author takes the reader through her personal journey to reach Women's Equality in a world before Title IX. Through these experiences, she has become an integral part in the creation of Title IX legislation.

Insights Into The Woes Of A Profession Review Of How Lawyers Lose Their Way: A Profession Fails Its Creative Minds, By Jean Stefancic & Richard Delgado, Theresa M. Beiner

Law Faculty Scholarship

No abstract provided.

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Faculty Publications By Year

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations.

In current scholarship, the interrelationship among rights, for the most …

Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson

Cornell Law Review

No abstract provided.

Motions 2007 Volume 42 Number 4, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Steroid Testing Policies In Professional Sports: Regulated By Congress Or The Responsibility Of The Leagues?, Brent D. Showalter

Marquette Sports Law Review

No abstract provided.