Digital Commons Network^™

A Default-Logic Paradigm For Legal Reasoning And Factfinding, Vern R. Walker

ExpressO

Unlike research in linguistics and artificial intelligence, legal research has not used advances in logical theory very effectively. This article uses default logic to develop a paradigm for analyzing all aspects of legal reasoning, including factfinding. The article provides a formal model that integrates legal rules and policies with the evaluation of both expert and non-expert evidence – whether the reasoning occurs in courts or administrative agencies, and whether in domestic, foreign, or international legal systems. This paradigm can standardize the representation of legal reasoning, guide empirical research into the dynamics of such reasoning, and put the representations and research …

National Institutes Of Health State-Of-The-Science Conference Statement: Cesarean Delivery On Maternal Request, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Genetically Modified Crops In The Philippines: Can Existing Biosafety Regulations Adequately Protect The Environment?, Christina L. Richmond

Washington International Law Journal

Global concern persists about the use of genetically modified crops (“GM crops”). This concern originates from the divergent perspectives of nations with a stake in either the production or consumption of GM crops. Proponents of GM crops in developing countries claim that the crops could increase food supply by improving plant resistance to pesticides, thereby alleviating the need for farmers to purchase chemicals that are frequently expensive or unavailable. However, many organizations and countries are hesitant or outright opposed to GM crops, particularly regarding their potentially undesirable ecological and agricultural consequences. As one of the first Asian nations to approve …

Choice, Equal Protection, And Metropolitan Integration: The Hope Of The Minneapolis Desegregation Settlement, Myron Orfield

Minnesota Journal of Law & Inequality

No abstract provided.

Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina

Brigham Young University International Law & Management Review

No abstract provided.

Dishonest Medical Mistakes, Maxwell J. Mehlman

Vanderbilt Law Review

In the medical liability wars, physicians like to think that they are the ones in the trenches. Yet the true soldiers, of course, are the patients. As patients seek to avoid the barrage of malpractice reforms and the spoliation of managed care, one of their key refuges-the fiduciary duty of health care professionals-is being assailed from a number of directions. This Article describes these attacks and suggests how best to thwart them.

Imagine that you are seriously ill and go to a doctor. If you are like most patients these days, you are enrolled in some form of managed care. …

Sausage-Making, Pigs' Ears, And Congressional Expansion Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman

Washington Law Review

The year 2005 witnessed two watershed developments in federal jurisdiction: the U.S. Supreme Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. and the enactment of the Class Action Fairness Act (CAFA). Allapantah and CAFA raise the same fundamental question: how should courts interpret a statute whose text would expand federal jurisdiction far beyond what Congress apparently intended? In Allapattah, the Court confronted this question in resolving an aspect of the supplemental jurisdiction statute that had deeply divided both the judiciary and academia. CAFA's expansion of federal jurisdiction over class actions will require courts to struggle with this …

Supersizing The Pint-Sized: The Need For Fda-Mandated Child-Oriented Food Labeling, Gail H. Javitt

Loyola of Los Angeles Law Review

No abstract provided.

Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David G. Yosifon

Loyola of Los Angeles Law Review

No abstract provided.

Changing The Food Environment: Community Engagement Strategies And Place-Based Policy Tools That Address The Influence Of Marketing, Amanda Shaffer, Mark Vallianatos, Andrea Misako Azuma, Robert Gottlieb

Loyola of Los Angeles Law Review

No abstract provided.

Assessing Effectiveness Of Self-Regulation: A Case Study Of The Children's Advertising Review Unit, Ellen J. Fried

Loyola of Los Angeles Law Review

No abstract provided.

Supreme Court Of Canada's Appraisal Of The 1980 Ban On Advertising To Children In Quebec: Implications For Misleading Advertising Elsewhere, Bill Jeffrey

Loyola of Los Angeles Law Review

No abstract provided.

Sausage-Making, Pigs' Ears, And Congressional Expansions Of Federal Jurisdiction: Exxon Mobil V. Allapattah And Its Lessons For The Class Action Fairness Act, Adam N. Steinman

Faculty Scholarship

The year 2005 witnessed two watershed developments in federal jurisdiction: the U.S. Supreme Court's decision in Exxon Mobil Corp. v. Allapattah Services, Inc. and the enactment of the Class Action Fairness Act (CAFA). Allapattah and CAFA raise the same fundamental question: how should courts interpret a statute whose text would expand federal jurisdiction far beyond what Congress apparently intended? In Allapattah, the Court confronted this question in resolving an aspect of the supplemental jurisdiction statute that had deeply divided both the judiciary and academia. CAFA's expansion of federal jurisdiction over class actions will require courts to struggle with this question …

Resisting Deep Capture: The Commercial Speech Doctrine And Junk-Food Advertising To Children, David Yosifon

Faculty Publications

The present Article is more precisely dedicated to analyzing, from a critical realist perspective, the wisdom and constitutional viability of one possible policy response to the obesity crisis: a ban on junk-food advertising to children.

This Article seeks not only to show that an effective junk-food advertising ban could pass constitutional scrutiny, but also to demonstrate, through the rigor of a constitutional analysis, the wisdom of such an approach to this substantial social problem. Simultaneously, my purpose is to show, in the context of a difficult First Amendment question, that the critical realist approach to legal theory is capable of …

Introduction, Michele Simon

Loyola of Los Angeles Law Review

No abstract provided.

Beyond Commercials: How Food Marketers Target Children, Susan Linn, Josh Golin

Loyola of Los Angeles Law Review

No abstract provided.

Government Regulation Of Food Marketing To Children: The Federal Trade Commission And The Kid-Vid Controversy, Tracy Westen

Loyola of Los Angeles Law Review

No abstract provided.

Can Food Companies Be Trusted To Self-Regulate - An Analysis Of Corporate Lobbying And Deception To Undermine Children's Health, Michele Simon

Loyola of Los Angeles Law Review

No abstract provided.

Litigation As A Tool In Food Advertising: Consumer Protection Statutes, Joseph M. Price, Rachel F. Bond

Loyola of Los Angeles Law Review

No abstract provided.

Litigation As A Tool In Food Advertising: A Consumer Advocacy Viewpoint, Stephen Gardner

Loyola of Los Angeles Law Review

No abstract provided.

Restricting The Marketing Of Junk Food To Children By Product Placement And Character Selling, Angela J. Campbell

Loyola of Los Angeles Law Review

No abstract provided.

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

Update on new developments in European food law.

2005 Trademark Decisions Of The Federal Circuit, Stephen R. Baird

American University Law Review

No abstract provided.

Adding Fuel To The Fire: United States V. Booker And The Crack Versus Powder Cocaine Sentencing Disparity, Briton K. Nelson

University of Richmond Law Review

No abstract provided.

United States Food Law Update, Michael Tingey Roberts

Journal of Food Law & Policy

Update on new developments in United States food law.

Protecting Islam's Garden From The Wilderness: Halal Fraud Statutes And The First Amendment, Elijah L. Milne

Journal of Food Law & Policy

Like all religions, Islam needs protection from governmental encroachment. As early as 1644, Roger Williams, the founder of Rhode Island, recognized that state involvement in religious matters defiles religion. "When they have opened a gap in the hedge or wall of separation between the garden of [religion] and the wilderness of the world," wrote Williams, "God hath ever broke down the wall itself, removed the candlestick, and made His garden a wilderness ... ." Although Williams was mostly concerned about the government's impact on Christianity, his oft-quoted metaphor applies equally to the government's influence on Islam. This Article will discuss …

Caveat Venditor: Products Liability And Genetically Modified Foods, Kristopher A. Isham

Journal of Food Law & Policy

Genetically modified organisms (GMOs) have become a lightning rod for conflict between farmers, corporations, shareholders, government agencies, and other concerned groups. Supporters tout GMOs as a solution to the problems of diminishing returns from traditional crop plants and the rising demand for greater quantities of food. Opponents criticize GMOs for potential toxic and allergic reactions in humans, loss of biodiversity, and pesticide and antibiotic resistance in other plants and insects. As the understanding of potential applications of biotechnology broadens, the risks and benefits of such products are being scrutinized more closely.

Fattening Food: Should Purveyors Of Fast Food Be Required To Warn? A Call For A New Tort, Charles E. Cantu

Journal of Food Law & Policy

Being overweight continues to be an important issue for many Americans. The latest diet fad is likely to include at least one title on the current bestseller list, and newspapers carry daily articles on the most recent study regarding risks related to obesity. Heeding these concerns, the federal government has added its own impetus by requiring the packaged food industry to list, not only nutritional information, but also calories. Individuals alleging injury and seeking recourse have made an attempt to place fault upon purveyors of fast food. To date, American jurisprudence has not helped. The courts have suggested that, from …

Food And Beverage Marketing To Children In School, Edward L. Palmer, Lisa Sofio

Loyola of Los Angeles Law Review

No abstract provided.

Self-Regulation, Marketing Communications And Childhood Obesity: A Critical Review From New Zealand, Janet Hoek, Ninya Maubach

Loyola of Los Angeles Law Review

No abstract provided.