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Corporations And Commercial Speech, Ron Collins, Mark Lopez, Tamara Piety, David Vladeck

Seattle University Law Review

Today's discussion will be about a rather famous case-actually, a non-case, Nike v. Kasky.

A Programmatic Audit Of The Massachusetts Vitamin Litigation Project Final Report, Colleen Manning, Tatjana Meschede, Elaine Werby

Center for Social Policy Publications

The Massachusetts Vitamin Litigation Project resulted in the 2002 partial settlement of a class action lawsuit brought by the law firm of Ellis and Rapacki on behalf of residents of the Commonwealth who purchased indirect vitamin products1 during the period from 1990 through 1999. In return for the release of claims, the defendants (a group of pharmaceutical manufacturers) agreed to pay a settlement amount of more than $19 million to be allocated to charitable organizations providing food and nutrition programs in Massachusetts. An additional $2.5 million in settlement funds was subsequently approved.

A total of 572 grants ranging from $1,000 …

Farm-Animal Welfare, Legislation, And Trade, Gaverick Matheny, Cheryl Leahy

Law and Contemporary Problems

The US has among the weakest farm-animal-welfare standards in the developed world. Although improvements in farm-animal welfare are economically feasible, nations and states enacting protective regulation are threatened by competition with cheaper, non-compliant imports. Although recognition in trade agreements and restrictions on sale could help to protect animal welfare, they may rarely be politically feasible. Campaigns directed at consumers and retailers are likely to be more cost-effective than production-related regulations in improving animal welfare and are also compatible with abolitionist objectives.

Circumventing Daubert In The Gene Pool, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.

Pressuring Sudan: The Prospect Of An Oil-For-Food Program For Darfur, Russell P. Mcaleavey

Fordham International Law Journal

This Note examines whether Justice Goldstone's proposal for an oil-for-food program is feasible in today's international political climate and whether it would be effective in curtailing the violence and aiding civilians in Darfur. Part I begins by examining the reasons behind China's reluctance to support international initiatives to achieve peace in Darfur. Part II discusses the U.N. Oil-for-Food Program in Iraq and outlines proposals for avoiding problems that plagued that program. Finally, Part III takes into consideration the political and logistical difficulties that are likely to arise from the institution of an oil-for-food program in Sudan, and concludes that such …

Super Size Me And The Conundrum Of Race/Ethnicity, Gender, And Class For The Contemporary Law-Genre Documentary Filmmaker, Regina Austin

Loyola of Los Angeles Law Review

No abstract provided.

A Call To Action: The Fourth Amendment, The Future Of Radio Frequency Identification, And Society, David J. Warner

Loyola of Los Angeles Law Review

No abstract provided.

The Ever-Expanding Health Care Conscience Clause: The Quest For Immunity In The Struggle Between Professional Duties And Moral Beliefs, Maxine M. Harrington

Faculty Scholarship

The role of religion in the delivery of health care, particularly family planning and reproductive health services, has been discussed extensively. The debate over moral refusals in health care appears to be intensifying for a number of reasons. Society has seen the rapid expansion of controversial medical technologies such as embryonic stem cell research, genetic testing, cloning, and in vitro fertilization. Political controversy erupted over the application before the FDA to switch Plan B, an emergency contraceptive, from prescription to nonprescription status. The physician-assisted suicide debate and the Terri Schiavo case brought renewed attention to end-of-life care issues. Finally, the …

In Pursuit Of Frcp 1: Creative Approaches To Cutting And Shifting The Costs Of Discovery, Mia Mazza, Emmalena K. Quesada, Ashley L. Sternberg

Richmond Journal of Law & Technology

The most important rule of all is the last sentence of [FRCP] 1, which provides that the Federal Rules of Civil Procedure ‘shall be construed to secure the just, speedy, and inexpensive determination of every action.’ It is this command that gives all the other rules life and meaning and timbre in the realist world of the trial court.

The Solution To The Economic Loss Doctrine Confusion: The Disappointed Expectations Test, Mackenzie Mayes Walter

Kentucky Law Journal

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

A New World Order For Addressing Patent Rights And Public Health., Cynthia M. Ho

Faculty Publications & Other Works

No abstract provided.

Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.

University of Miami Law Review

No abstract provided.

The Criminalization Of Treating End Of Life Patients With Risky Pain Medication And The Role Of The Extreme Emergency Situation, Gina Castellano

Fordham Law Review

This Note examines the legality of physicians treating patients near the end of life with risky pain medication, specifically during an extreme emergency situation. The issues discussed include whether such treatment should be criminalized and, if criminalized, what standard should be used to determine culpability. This Note proposes that physicians should not be shielded from the criminal justice system, but that the standard of double effect intent should be expressly adopted in the adjudication of such cases.

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

Journal Articles

No abstract provided.

No Mud Pies: Risk Avoidance As Risk Regulation, Catherine O’Neill

Faculty Articles

Regulation in the environmental context has, until recently, been guided by risk reduction - strategies that require risk-producers to prevent, limit, or clean up contaminants. However, it has increasingly come to rely on "risk avoidance" - strategies that call upon risk-bearers to alter their practices and ways of living so as to avoid exposure to contaminants left unabated. For example, women and children might be asked to eliminate fish from their diets to avoid the risks of methylmercury contamination; asthmatics might be advised to refrain from going outside on "ozone alert" days to avoid the risks of ground-level ozone pollution; …

Law As A Tool To Facilitate Healthier Lifestyles And Prevent Obesity, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Public health agencies face considerable challenges trying to prevent overweight and obesity in society, primarily because a person's own behavior is often the root cause of the disease. Individuals make personal choices about their diet, exercise, and lifestyle, so disease is often thought of as a matter of personal, not governmental, responsibility. This Commentary shows how law can be used as a tool to prevent overweight and obesity (see Table).

The tools discussed in this article include:

- Disclosure - e.g., labels and consumer information

- Tort liability - e.g., inadequate disclosure of risks, misleading advertisements, and targeting children

- …

Confidentiality And Privacy In Health Care From The Patient's Perspective: Does Hippa Help, Ilene N. Moore, Samuel Leason Snyder, Cynthia Miller, Angel Qi An

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Link Between Fast Food And The Obesity Epidemic, Dustin A. Frazier

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Domestic Violence And Legal Reforms In Nigeria: Prospects And Challenges, Itoro Eze-Anaba

Cardozo Journal of Equal Rights & Social Justice

The article examines the challenges and prospects of legal reform aimed at addressing domestic violence against women in Nigeria. It highlights the inadequacy of current laws, the cultural and societal barriers that discourage victims from seeking redress, and the need for comprehensive legal and systemic changes to protect women's rights. The analysis emphasizes the importance of addressing economic, cultural, and educational disparities to create a more just and equitable legal framework.

The First Amendment And Diet Industry Advertising: How Puffery In Weight-Loss Advertisements Has Gone Too Far, Jennifer E. Gross

Journal of Law and Health

Stricter government regulations regarding commercial speech that promotes weight-loss or diet products should be considered for three reasons. First, studies have shown that diet industry advertising often makes weight loss claims that are scientifically impossible. Second, consumers have suffered adverse health effects as a result of trying weight-loss programs or diet products. Third, current FTC regulations are not curbing the problem. Part II of this note outlines the history of commercial speech and its protections under the First Amendment, along with the history of the rapidly expanding diet industry and its regulatory framework. Part II examines the three arguments in …

Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.

High Stakes Tests: A Contrarian View, Loni Hancock

Santa Clara Law Review

No abstract provided.

The Flood: Political Economy And Disaster, Mari Matsuda

Hofstra Law Review

No abstract provided.

The Flood: Political Economy And Disaster, Mari J. Matsuda

Georgetown Law Faculty Publications and Other Works

As summer faded to fall in 2005, a hurricane hit New Orleans, a city so unique in its history that it has more history than many American cities. It was nonetheless an American city in these telling parameters: a city of luxury alongside squalor, two-thirds Black, one-fourth poor, with the gap between its rich and poor growing at a gallop as the waters of lake and river lapped gently along aging, grass-covered levees.

Freeze the frame before the waters rise, and what do you see? A devastated public school system, where Black children are labeled “failing,” along with their schools. …

It Depends On What The Meaning Of "False" Is: Falsity And Misleadingness In Commercial Speech Doctrine, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

While scholarship regarding the Supreme Court's noncommercial speech doctrine has often focused on the level of protection for truthful, non-misleading commercial speech, scholars have paid little attention to the exclusion of false or misleading commercial speech from all First Amendment protection. Examining the underpinnings of the false and misleading speech exclusion illuminates the practical difficulties that abolishing the commercial speech doctrine would pose. Through a series of fact patterns in trademark and false advertising cases, this piece demonstrates that defining what is false or misleading is often debatable. If commercial speech were given First Amendment protection, consumer protection and First …

Enforcing Foreign Judgments: In Search Of A Treaty To Locate Assets Abroad, Luke J. Umstetter

South Carolina Journal of International Law and Business

No abstract provided.

Devolution Of Implementing Policymaking In Network Governments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Corporations And Commercial Speech, Ronald Collins, Mark Lopez, Tamara Piety, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Even though we are discussing a case that was not decided on the merits, Nike v. Kasky is an important case because it crystallizes two of the essential critiques about the commercial speech doctrine, critiques that have run through this doctrine from before its advent in 1976 to today. The fundamental debate Nike triggered over what constitutes "commercial speech" and how strictly commercial speech should be regulated is still being played out - not just in the academy, but also in the courts on a day-to-day basis. So this is a timely and important topic.