Digital Commons Network^™

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

Faculty Publications

No abstract provided.

Attack Of The Balloon People, Keith E. Sealing

Vanderbilt Journal of Transnational Law

Any discussion of food security would, at first blush, seem to focus primarily on world hunger and other threats to the safety of the food supply, whether intentionally man-made (e.g., terrorism), inadvertently man-made (e.g., global warming), made-for-profit by industrial agriculture (referred to as "industrial food" throughout this Article), or "natural" although arguably man-abetted (such as bovine spongiform encephalopathy, or mad cow disease). And hunger is indeed a problem and likely to become more of a problem. However, this Article focuses on the long term threat to world health and world food security caused by the American way of eating; the …

Fast Food: Regulating Emergency Food Aid In Sudden-Impact Disasters, David Fisher

Vanderbilt Journal of Transnational Law

A rich and varied literature has grown up around food aid,' in particular with regard to its use as a development tool, in response to slow-onset disasters (such as droughts and desertification), and in armed conflicts. Given that these applications make up the bulk of the millions of tons of food aid recorded annually and present some of the thorniest operational issues, perhaps it is not surprising that the regulation of food aid provided in sudden-impact disasters (such as earthquakes, tsunamis, wind storms, and floods) has not been as thoroughly examined.

Still, while the amount of food involved is comparatively …

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.

Proving Lost Profits Under Daubert: Five Questions Every Court Should Ask Before Admitting Expert Testimony, Robert M. Lloyd

University of Richmond Law Review

No abstract provided.

The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott

Faculty Scholarship

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …

Judging Genes: Implications Of The Second Generation Of Genetic Tests Inthe Courtroom, Diane E. Hoffmann, Karen H. Rothenberg

Maryland Law Review

No abstract provided.

Fda Jurisdiction: A Matter Of Definitions, Lewis Grossman

Contributions to Books

This chapter, new in the third edition, concerns how Congress, the Food and Drug Administration, and the courts have treated the definitions of "food," "drug," "cosmetic," "device," and "human biological product." The scope of FDA's power is delineated almost entirely by the list of product categories over which it has jurisdiction. As the materials in this chapter show, the product definitions are strikingly broad and thus confer jurisdiction over a vast range of goods. Furthermore, the definitions are remarkably plastic, providing FDA with great flexibility to decide whether and how to regulate products. Sometimes FDA has interpreted the definitions expansively, …

Food Safety And Security: What Tragedy Teaches Us About Our 100-Year-Old Food Laws, Caroline S. Dewaal

Vanderbilt Journal of Transnational Law

The United States food safety system is antiquated and failing. The laws that form the foundation of our food protection and govern the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) were enacted over 100 years ago. While some new powers were given to FDA with the Bioterrorism Act of 2002, funding has not kept pace. Safe Food International (SF), a coalition of consumer organizations from around the world, created a set of guidelines outlining an ideal national food safety program. The current system in the United States falls short of that goal. The outbreaks …

Legislative Implementation Of The Food Chain Approach, Jessica Vapnek

Vanderbilt Journal of Transnational Law

Food safety is an essential element of food security, since "adequate" food means food that is not only available, but also safe. Food safety systems have traditionally focused on end-product testing, which is an unsatisfactory means of ensuring safe food. An increasing focus on prevention has spurred interest in a food chain approach, which aims to control all steps in the food chain from production to consumption. Although the approach has drawn international attention in recent years, national lawmakers have lacked guidance on its implementation. This Article serves that need. Part II of the Article describes the international backdrop to …

Paths To Local Food Security: A Right To Food, A Commitment To Trade, Marsha A. Echols

Vanderbilt Journal of Transnational Law

International bodies and nation-states attending international meetings on the subject have agreed that there is a "right to food." The first Millennium Development Goal, in which members of the United Nations General Assembly agreed to halve the number of persons without adequate food by the year 2015, complements this right to food. Many persons believe that the right to food--especially at the national level--is linked to national food self-sufficiency. Opponents of this view argue that self-sufficiency is economically irrational in many territories. Others believe that for many countries, particularly nations in sub-Saharan Africa, a government's obligation to ensure food security …

Assessing The Universal Declaration On Bioethics And Human Rights: Implications For Human Dignity And The Respect For Human Life, O. Carter Snead

Journal Articles

As advances in biomedical science and biotechnology continue to confer vast new powers to subdue nature for “the relief of man’s estate,” vexed moral and ethical questions inevitably arise about the use of such capacities. To what ends should they be applied? How might they be abused? Are they safe? What is the human meaning of such new powers? Might their use threaten human dignity? What does scientific freedom demand? What does justice require? Who should have access to the fruits of such scientific advances?

In democratic regimes, these questions do not long remain the subject of mere academic reflection …

Regulatory Beneficiaries And Informal Agency Policymaking, Nina A. Mendelson

Articles

Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to-consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise …

A Feminist Human Rights Law Approach For Engendering The Millennium Development Goals, Christina T. Holder

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Millennium Development Goals (MDGs) for adopting a technocratic, economic-focused approach to poverty reduction, which neglects the equitable distribution of development benefits and the structural causes of poverty. It advocates for a feminist human rights law approach that integrates Third World Feminism and human rights frameworks to create a more inclusive and rights-based strategy for achieving the MDGs, particularly in empowering women and addressing gender inequalities.

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

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Proper Focus For Fda Regulations: Why The Fundamental Right To Self-Preservation Should Allow Terminally Ill Patients With No Treatment Options To Attempt To Save Their Lives, Alissa Puckett

SMU Law Review

No abstract provided.

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Faculty Publications

No abstract provided.

Beyond Enron: Regulation In Energy Derivatives Trading, Alexia Brunet, Meredith Shafe

Publications

No abstract provided.

Private Ordering And Intimate Spaces: Why The Ability To Negotiate Is Non-Negotiable, Michele Goodwin

Michigan Law Review

This review moves beyond a critique of Cherry's study to incorporate a radical new way of thinking about organ commodification as a social justice issue. Part I provides a brief empirical overview of organ demand in the United States, offering an alternative perspective and introducing data illexamined in commodification debates. Part II challenges the notion that private ordering abandons liberal and egalitarian values in favor of individualism over communitarianism. It also acknowledges the limitations of private ordering and addresses how its more problematic features, including the abuse of power, might be avoided. Part III argues for a hybrid system that …

Federal Rule Of Civil Procedure 52(A) As An Ideological Weapon?, Bryan Adamson

Faculty Articles

In this article, the author explores Federal Rule of Civil Procedure 52(a) and standard of review choice to determine whether appellate judges can exploit its terms to pursue ideological goals. The author examines the operative terms of Rule 52(a), viz., findings of fact, clear error, and documentary evidence, and concludes that they are so malleable as to give appellate judges wide discretion in deciding whether clear error, de novo, or some other standard of review is to be applied. The article then goes on to identify fact typologies appellate courts invoke (historical, ultimate, constitutional, legislative, sociological, scientific, political, economic, jurisdictional), …

Fishery Conservation And Management Act Reauthorization: “A” For Effort, “C” For Substance, Madeline Kass

Faculty Articles

In one of its last acts of 2006, the 109th Congress passed the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (FCMRA), reauthorizing the nation's primary fishing law through the year 2013. The president signed on in early January 2007. Those involved in the reauthorization effort deserve kudos for achieving a successful bipartisan compromise, a relatively rare phenomenon in recent years. Congress also deserves praise for taking positive action towards improving existing law and for rejecting preliminary proposals designed principally to derail conservation efforts. Yet, in the face of unrelenting, catastrophic fish stock declines, it is unclear whether the …

Taxing Consumption And Other Sins, James R. Hines Jr.

Articles

Federal and state governments in the United States use income and payroll taxes as their primary tools to collect revenue. In the rest of the world, governments also use income and payroll taxes, but rely much more heavily than does the United States on taxing consumption. Consumption taxes take many forms, including general sales taxes, value-added taxes, and excise taxes on the consumption of specific items including gasoline, alcohol, tobacco products, firearms, air travel, telephone communication, and others. The U.S. government does not use a value-added tax, making the United States unique among high-income countries and a rarity in the …

The Bayh-Dole Act And Incentives For The Commercialization Of Government-Funded Invention In Developing Countries, Michael S. Mireles Jr.

McGeorge School of Law Scholarly Articles

No abstract provided.

International Union, U.A.W. V. Johnson Controls: The History Of Litigation Alliances And Mobilization To Challenge Fetal Protection Policies, Caroline Bettinger-Lopez, Susan P. Sturm

Faculty Scholarship

The Supreme Court's decision in Johnson Controls is the culmination of a long legal campaign by labor, women's rights, and workplace safety advocates to invalidate restrictions on women's employment based on pregnancy. This campaign powerfully demonstrates the use of amicus briefs as opportunities to link the efforts of groups with overlapping agendas and to shape the Supreme Court's understanding of the surrounding empirical, social and political context. But Johnson Controls also provides important lessons about the narrowing effects and fragility of litigation-centered mobilization. The case affirmed an important anti-discrimination principle but ironically left women (and men) with the right to …

Violations Of Human Rights In The Russian Military, Cathy Smith

Human Rights & Human Welfare

In 2005, an estimated 450 deaths were caused by injuries due to internal military violence. The degradation inflicted on Russian soldiers within their regime necessitates reformation by the government and implementation of resolutions. Since the collapse of the Soviet Union, the Russian military has been experiencing heightened levels of personnel decline despite the compulsory draft. The prestige that the Soviet Army of the 1950s received through the late 1980s is dwindling rapidly. Despite the military code of conduct, today’s army is afflicted with perpetual violations of human rights. For the future of the Russian military, extensive action must include systemic …

Sustainable Intensive Agriculture: High Technology And Environmental Benefits, Drew L. Kershen

Faculty Articles

No abstract provided.

Protecting Academic And Non-Profit Research: Creating A Compulsory Licensing Provision In The Absence Of An Experimental Use Exception, Kimberly M. Thomas

Santa Clara High Technology Law Journal

No abstract provided.

Effect Of International Comity On The Application Of The Attorney-Client Privilege And Foreign Privilege Laws In U.S. Patent Litigation, Robert A. Mcfarlane

Santa Clara High Technology Law Journal

No abstract provided.

Global Health And Human Rights Imperative, Patricia C. Kuszler

Articles

Open any magazine, click on a television news channel, or surf the net and you are likely to find global health highlighted as one of the foremost challenges of new millennium. First, this article will consider the meaning and measures of global health and detail the path to improved health and development prescribed by the United Nations Millennium Development Goals. Second, it will trace the development of international human rights law as it relates to health. Third, it demonstrate how human rights and health, long traversing parallel routes, are in fact converging in the 21st Century quest for global health–a …

The Parentage Puzzle: The Interplay Between Genetics, Procreative Intent, And Parental Conduct In Determining Legal Parentage, Deborah H. Wald, Esq.

American University Journal of Gender, Social Policy & the Law

No abstract provided.