Digital Commons Network^™

Beyond Advertising Controls: Influencing Junk-Food Marketing And Consumption With Policy Innovations Developed In Tobacco Control, Randolph Kline, Samantha Graff, Leslie Zellers, Marcie Ashe

Loyola of Los Angeles Law Review

No abstract provided.

The Constitutionality Of Utah's 2005 Tuition Tax Credit Proposals, Sean W. Mullaney

ExpressO

The issue of tuition tax credits for private and religious elementary and secondary schools remains a hot button political and legal issue. While the Supreme Court’s decision in Zelman v. Simmons-Harris provided some new parameters on the validity of school choice programs, it certainly did not end both the political and legal debate. In Utah, school choice programs have yet to pass, and come up every winter in the State Legislature.

My Comment analyses the 2005 tuition tax credit proposals through two Constitutional frameworks: the Establishment Clause and the Equal Protection Clause. Traditionally, the Supreme Court has analyzed school choice …

La Story: Improving Care Management For The Chronically Ill And Chronically Underserved, Eileen Salinsky, Jessamyn Taylor

National Health Policy Forum

This Los Angeles-based site visit examined safety net and private sector efforts to improve care coordination for underserved and vulnerable populations, including the homeless, the uninsured, the undocumented, and individuals with chronic conditions like diabetes, asthma, and severe mental illness. The visit highlighted challenges and innovations in the use of disease management programs, information systems, performance incentives, and managed care as tools for improving care coordination.

Discovering The Boundaries: Federal Preemption Of Pharmaceutical Labeling Product Liability Actions, Mary J. Davis

ExpressO

Federally approved prescription drug labeling has not been considered conclusive on the reasonableness or adequacy of the label for assessing tort liability on the manufacturer because federal regulations in this field set a minimum standard rather than an optimal one. That fundamental statement of black-letter tort law is under attack. The Food and Drug Administration (FDA) has promulgated a regulation which revises the format for prescription drug labeling, and, in the process, has taken the position that the regulation displaces, or preempts, state products liability laws that seek to assess liability on the manufacturer for a label’s warning adequacy. In …

The Importance Of The Geographic Origin Of Agricultural Products: A Comparison Of Japanese And American Approaches , Daisuke Kojo

Journal of Environmental and Sustainability Law

No abstract provided.

Women And Microfinance: Why We Should Do More, Elissa Mccarter

Women, Leadership & Equality

No abstract provided.

Is There An Antitrust Antidote Against Ip Overprotection Within Trips?, Marco Ricolfi

Marquette Intellectual Property Law Review

The Article explores the mini-body of antitrust provisions to be found within TRIPs. It advocates a general-principles based and systematic interpretative approach of these provisions with a view to finding in them an antidote to the ratcheting up of IP protection otherwise encouraged by TRIPs. In this framework, it is argued that member countries retain considerable flexibility to incorporate pro-competitive inputs and to give appropriate consideration to non-intellectual property interests in adopting legislation at the intersection of antitrust and IP. The Article further develops criteria to assess the TRIPs-compatibility both of antitrust intervention and of generalized, ex ante legislative measures …

Giving A Voice To Those Who Can't Speak For Themselves: Toward Greater Regulation Of Animal Experimentation, Lauren Magnotti

Buffalo Environmental Law Journal

No abstract provided.

The Future Of The National Flood Insurance Program In The Aftermath Of Hurricane Katrina, Quynh T. Pham

Connecticut Insurance Law Journal

No abstract provided.

Methamphetamine Addiction, Treatment, And Outcomes: Implications For Child Welfare Workers, Cathleen Otero, Sharon Boles, Nancy Young, Kim Dennis

Center on Children, Families, and the Law (and Related Organizations): Publications

Methamphetamine is a highly addictive stimulant associated with serious health and psychiatric conditions, including heart damage and brain damage, impaired thinking and memory problems, aggression, violence, and psychotic behavior. Methamphetamine is also associated with the transmission of infectious diseases such as HIV/AIDS and hepatitis.

Child welfare workers are seeing growing numbers of children and families affected by the parent’s use of methamphetamine. In order to make sound decisions for the benefit of children and families, child welfare workers need accurate information about methamphetamine, its effects on parents and their children, and the effectiveness of treatment. This paper presents the most …

Implementing An Ecosystem Approach To Ocean Management: An Assessment Of Current Regional Governance Models, Donna R. Christie

Duke Environmental Law & Policy Forum

No abstract provided.

Children And Immigration: International, Local, And Social Responsibilities, Berta E. Hernández-Truyol, Justin Luna

UF Law Faculty Publications

This essay focuses on the human rights of immigrant children, regardless of the legality of their presence within U.S. borders, especially with respect to health, education, and welfare. In that context, the work explores, as the title suggests, the international, local, and social/cultural normative standards that structure the responsibilities—independently and collectively, that proverbial village—with respect to children's well-being. We develop these ideas in three parts. First, we address the foundations of the human rights idea and specifically enumerate the particular normative notions, including international treaties that govern children's lives. Next, we discuss immigration in the United States, with particular attention …

Regulating Food Advertisements: Some First Amendment Issues, John M. A. Dipippa

University of Arkansas at Little Rock Law Review

No abstract provided.

A Taxonomy Of Obesity Litigation, Theodore H. Frank

University of Arkansas at Little Rock Law Review

No abstract provided.

Setting The Stage For Public Health: The Role Of Litigation In Controlling Obesity, Jason A. Smith

University of Arkansas at Little Rock Law Review

No abstract provided.

Anorexia Killed Her, But The System Failed Her: Does The American Insurance System Suffer From Anorexia, Beth A. Brunalli

Connecticut Insurance Law Journal

No abstract provided.

Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey

Federal Communications Law Journal

In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …

Intellectual Property And The Development Divide, Margaret Chon

Cardozo Law Review

No abstract provided.

Plan B For The Fda: A Need For A Third Class Of Drug Regulation In The United States Involving A "Pharmacist-Only" Class Of Drugs, Matthew J. Seamon

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel

William & Mary Environmental Law and Policy Review

No abstract provided.

Genetics And Responsibility: To Know The Criminal From The Crime, Nita A. Farahany, James E. Coleman Jr.

Law and Contemporary Problems

No abstract provided.

Joe Camel Explains It To The Board: Corporate Law, Women In The Workforce, And The Exploitation Of Children, Theresa A. Gabaldon

Duke Journal of Gender Law & Policy

No abstract provided.

A Constant Battle: The Evolving Challenges In The International Fight Against Doping In Sport, Jessica K. Foschi

Duke Journal of Comparative & International Law

No abstract provided.

The Good Governance Agenda Of International Development Institutions, Kerry L. Hofheimer

Graduate Program in International Studies Theses & Dissertations

International development institutions (IDIs) have increasingly emphasized good governance and democratic reform in the provision of foreign assistance. This is especially apparent with respect to the United Nations Development Programme (UNDP), World Bank, European Union (EU), and United States Agency for International Development (USAID). This project describes and explains the good governance and democracy promotion program of each institution.

Previous studies have accounted for IDIs' good governance and democracy promotion in the 1990s in a generalized way. They have taken into consideration external international changes such as the fading of the Cold War and increased global interdependence between the North …

Linking Natural Resource Exploitation And Primary Health Care In Developing Countries, Alexandros Zervos

ExpressO

In exchange for loans from international financial institutions, natural resources companies should be made contractually responsible for achieving specific primary health care targets in certain developing countries they invest in. Primary health care is crucial for social/economic development, but many developing countries’ governments fail in its provision. Any effort to make natural resources companies responsible for primary health care would need to focus on goal setting, monitoring and legal enforcement. The latter would include both monetary sanctions and incentives tied to specific targets. The challenges facing this project are significant, but none are problematic enough to prevent its implementation.

The Three Faces Of Retainer Care, Frank A. Pasquale

ExpressO

Retainer care arrangements allow patients to pay a fee directly to a physician’s office in order to obtain special access to care. Practices usually convert to retainer status by concentrating their attention on a small panel and dropping the majority of their patients. Proponents call retainer care a triumph of consumer-directed health care; opponents deride it as “boutique medicine.” Both sides are deploying a variety of legal tactics in order to attain their goals.

After surveying these conflicts, this article clarifies what is at stake by analyzing the three key features of retainer care: preventive care, queue-jumping, and amenity-bundling. Most …

Racially-Tailored’ Medicine Unraveled, Sharona Hoffman

Faculty Publications

In June 2005, the FDA approved BiDil, a heart failure medication that is labeled for use only by African-Americans and thus is the first treatment of its kind. The drug likely portends a future of growing interest in "race-based" medicine. This phenomenon is emerging at the same time that scientists, in light of the Human Genome Project, are reaching an understanding that "race" has no biological meaning, and consequently, "racially-tailored" medicine is both puzzling and troubling.

This Article explores the reasons for the new focus on "racial-profiling" in medicine. It analyzes the risks and dangers of this approach, including medical …

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …

Against Freedom Of Commercial Expression, Tamara R. Piety

ExpressO

An article that announces itself in the title as “against freedom” has a heavy burden of persuasion to carry. At this time and in this place, it seems almost un-American to be “against freedom,” (however much our civil liberties have in fact been circumscribed in recent years). Nevertheless, the most significant word in the title is not “against” or “freedom,” but “commercial.” Conventional wisdom in the First Amendment area would have it that there is no meaningful basis on which to distinguish between commercial speech and other speech for purposes of the First Amendment. And in recent years the courts …

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …