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Articles 6511 - 6540 of 10102
Full-Text Articles in Entire DC Network
The Legalization Of Fat: Law, Science, And The Construction Of A Moral Panic, Paul Campos
The Legalization Of Fat: Law, Science, And The Construction Of A Moral Panic, Paul Campos
ExpressO
Over the past decade, American public health authorities have made increasingly alarming claims regarding how obesity is becoming the nation’s leading public health problem. These warnings have inspired a flurry of legislative, administrative, and judicial responses, and calls for further legal intervention are issuing constantly from obesity researchers and public health officials. This article surveys and critiques the sudden wave of attempts to use the American legal system to shrink the nation’s waistline The article demonstrates that the health risks associated with the populace’s fairly modest increasing average weight have been greatly exaggerated; that the causal links, if any, between …
Guarding Against The High Risk Of High-Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
Guarding Against The High Risk Of High-Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
ExpressO
High deductible health plans are a cornerstone of "consumer-driven health care." This article explores a number of myths promoted by proponents of such plans and challenges these myths to discuss the various ways such plans pose risks to consumers both individually and generally. While most articles on this topic explore the arguments for and against such plans, this article, unlike others, proposes specific regulatory protections with model language. In fact, this article already has been used as the basis for testimony before the California State Assembly which, for the first time, has introduced legislation aimed at regulating such plans and …
Minor Discrepancies: Forging A Common Understanding Of Adolescent Competence In Healthcare Decision-Making And Criminal Responsibility, Kimberly M. Mutcherson
Minor Discrepancies: Forging A Common Understanding Of Adolescent Competence In Healthcare Decision-Making And Criminal Responsibility, Kimberly M. Mutcherson
Nevada Law Journal
No abstract provided.
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Public Law and Legal Theory Working Papers
Many consumers would be willing to pay something to reduce the suffering of animals used as food. The problem is that 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. In the context of animal welfare, a serious problem is that people’s practices ensure outcomes that defy their existing moral commitments. A disclosure regime could improve animal welfare without making it necessary to resolve the most deeply contested …
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Animal Rights Without Controversy, Cass R. Sunstein, Jeff Leslie
Coase-Sandor Institute for Law & Economics Research Paper Series
Many consumers would be willing to pay something to reduce the suffering of animals used as food. The problem is that 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. In the context of animal welfare, a serious problem is that people’s practices ensure outcomes that defy their existing moral commitments. A disclosure regime could improve animal welfare without making it necessary to resolve the most deeply contested …
Monsanto And The Requirement For Real Risks In Gm Food Regulation, Ruby R. Fernandez
Monsanto And The Requirement For Real Risks In Gm Food Regulation, Ruby R. Fernandez
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Trading Health For Economics: Commission Of The European Communities V. Kingdom Of Denmark, Rebecca Harrington
Trading Health For Economics: Commission Of The European Communities V. Kingdom Of Denmark, Rebecca Harrington
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Pregnancy In Pieces: The Potential Gap In State And Federal Provided Pregnancy Leave, Sarah Stewart Holland
Pregnancy In Pieces: The Potential Gap In State And Federal Provided Pregnancy Leave, Sarah Stewart Holland
ExpressO
This Comment describes a New Jersey Supreme Court in detail, along with the current state of both federal and state leave laws and federal and state pregnancy discrimination laws. Next, this Comment argues that it is the interaction of federal and state leave laws that most often creates a gap in leave and that this gap produces a disparate impact on pregnant employees, which violates the Pregnancy Discrimination Act. It also examines the most common misinterpretations courts make when examining pregnant employees’ requests for recovery under anti-discrimination laws. In conclusion, this Comment advocates for the treatment of pregnancy as one …
Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson
Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Consent, Robin Fretwell Wilson
Faculty Scholarship
Recent reports of medical students performing pelvic exams for training purposes on anesthetized women without their consent have produced a firestorm of controversy. Peter Ubel and colleagues found that 90% of medical students performed such exams during their obstetrics/gynecology rotations. A series of 2003 reports focused a white-hot spotlight on this teaching practice and resulted in Federal Trade Commission and Department of Justice hearings and action by the American Association of Medical Colleges and the American College of Obstetrics and Gynecology. In this article, Professor Wilson examines the merits of the defenses and justifications for using female patients for pelvic …
Wto’S Identity Crisis (Reviewing Joost Pauwelyn, Conflict Of Norms In Public International Law: How Wto Law Relates To Other Rules Of International Law (2003)), Sungjoon Cho
All Faculty Scholarship
Joost Pauwelyn has written an extensive and thought-provoking treatise on the interaction of norms in public international law (PIL), in particular between norms of World Trade Organization (WTO) and non-WTO norms, through a conceptual lens of “conflict.” His main argument is non-WTO norms should be able to “trump” WTO norms under certain circumstances. After framing the concept of norm conflict in PIL (Chapter 1), and defining the nature of WTO law (“reciprocal” obligations) vis-à-vis that of other branches of PIL such as human rights and international environmental law (“integral” obligations) (Chapter 2), the book unfolds its conflict thesis, including hierarchy …
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Washington International Law Journal
Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the “right to health” contained within many international human rights documents. Other approaches encourage states to implement AIDS prevention measures by emphasizing the detrimental effects of AIDS on economies and national and international security instead. Many commentators who adhere to the health-and-human-rights model, however, reject such other approaches as overly concerned with the interests of developed countries and lacking the ethical focus that underlies health and human rights. Implicit in such arguments …
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
Justice O'Connor And The "Right To Die": Constitutional Promises Unfulfilled, Michael P. Allen
William & Mary Bill of Rights Journal
No abstract provided.
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu
Sustainable Development And Terrorism: International Linkages And A Case Study Of Sri Lanka, Sumudu Atapattu
William & Mary Environmental Law and Policy Review
No abstract provided.
Takings And Statutory Entitlements: Does The Tobacco Buyout Take Quota Rights Without Just Compensation?, Matthew Nis Leerberg
Takings And Statutory Entitlements: Does The Tobacco Buyout Take Quota Rights Without Just Compensation?, Matthew Nis Leerberg
Duke Law Journal
No abstract provided.
Elder Abuse And Neglect In Institutional Settings: A Recent Overview Of Adult Protection Legislation And Related Initiatives In Canada, Kamaal Zaidi
ExpressO
With an aging population growing substantially, society places great demands upon the health care system to meet the needs of elder persons. As part of this process, however, senior citizens often encounter abuse and neglect both in domestic and institutional settings. This Note provides a broad overview of adult protection legislation and related initiatives in Canada, with an emphasis on institutional care facilities. The Note updates many of the recent developments in elder abuse and neglect across Canada, and provides a comparative analysis of legislation and recent initiatives between jurisdictions. Key issues related to elder abuse and neglect include mandatory …
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
ExpressO
No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …
Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub
Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub
UC Law SF International Law Review
Patented gene-modified crop seeds have a growing impact on how farming is done in the countries where they are sold and used. Modem patent regimes make all plants and plant material containing modified gene-material subject to the intellectual property rights of transnational corporations. Farmers are then faced with the choice of either entering into licensing agreements, or becoming patent infringers-with all the legal consequences-by marketing the fruits of their labor. This article examines how socioeconomic rights-especially the right to food as defined by Article 11.2 of the International Covenant on Economic, Social and Cultural Rights (CESCR)-of small-hold subsistence farmers in …
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
The People's Agent: Executive Branch Secrecy And Accountability In An Age Of Terrorism, Sidney A. Shapiro, Rena I. Steinzor
Faculty Scholarship
The increase in government secrecy is an important and troubling policy trend. Although the trend predates the 2000 presidential election, the movement towards government secrecy has accelerated dramatically in the Bush Administration. The case for open government is usually based on political principles embraced by the Framers of the U.S. Constitution. This article seeks to bolster these arguments by applying “agency theory” to the question of how much secrecy is too much. While agency theory is most often used to analyze private sector economic relationships, commentators have also applied it to the analysis of methods for holding legislators and Executive …
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Johanns V. Livestock Marketing Ass'n: Demise Of First Amendment Protection Against Compelled Commercial Speech, Edward J. Schoen, J. S. Falchek
Johanns V. Livestock Marketing Ass'n: Demise Of First Amendment Protection Against Compelled Commercial Speech, Edward J. Schoen, J. S. Falchek
Rohrer College of Business Departmental Research
No abstract provided.
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
The Sanctity Of Religious Liberty Of Minority Faiths Under State Constitutions: Three Hypotheses, Gary S. Gildin
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
On Hastening Death Without Violating Legal And Moral Prohibitions, Norman L. Cantor
On Hastening Death Without Violating Legal And Moral Prohibitions, Norman L. Cantor
Loyola University Chicago Law Journal
No abstract provided.
Pierce Law Participates In Pandemic Influenza Vaccine Ip Management Meeting, Stanley P. Kowalski
Pierce Law Participates In Pandemic Influenza Vaccine Ip Management Meeting, Stanley P. Kowalski
Law Faculty Scholarship
On April 18, 2006 several members of the greater Pierce Law community participated in an important meeting held at the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. Organized by The Centre for the Management of Intellectual Property in Health Research and Development (MIHR), the meeting “Intellectual Property Management Strategies to Facilitate Early Access and Global Health Benefits: Case Studies in Pandemic Influenza and Malaria” had the objective of exploring and discussing IP issues which impact the distribution of vaccines to developing countries, a topic of heightened worldwide importance given the potential threat of a global influenza pandemic. In an …
Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank
Prudential Standing And The Dormant Commerce Clause: Why The 'Zone Of Interests' Test Should Not Apply To Constitutional Cases, Bradford Mank
Faculty Articles and Other Publications
In a unique decision, the Fifth Circuit in National Solid Waste Management Ass'n v. Pine Belt Regional Solid Waste Management Authority (NSWMA) used the prudential zone of interests standing test to bar the plaintiffs, who met constitutional standing requirements, from filing a facial, per se challenge under the dormant Commerce Clause. Six Mississippi counties and cities that are members of the Pine Belt Regional Solid Waste Management Authority (the Authority) had enacted flow control ordinances that required all solid waste collected in their six jurisdictions be sent to the Authority's facilities, and, thus, prohibited the export of waste to alternative, …
"Drawn From Local Knowledge... And Conformed To Local Wants": Zoning And Incremental Reform Of Dormant Commerce Clause Doctrine, John M. Baker, Mehmet K. Konar-Steenberg
"Drawn From Local Knowledge... And Conformed To Local Wants": Zoning And Incremental Reform Of Dormant Commerce Clause Doctrine, John M. Baker, Mehmet K. Konar-Steenberg
Loyola University Chicago Law Journal
No abstract provided.
From Quinlan To Cruzan To Schiavo: What Have We Learned?, William H. Colby
From Quinlan To Cruzan To Schiavo: What Have We Learned?, William H. Colby
Loyola University Chicago Law Journal
No abstract provided.
The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark
The Right To Die: The Broken Road From Quinlan To Schiavo, Annette E. Clark
Loyola University Chicago Law Journal
No abstract provided.
Chapter 673: Addressing The Use Of Steroids And Performance Enhancing Dietary Supplements By High School Athletes, Justin J. Simpson
Chapter 673: Addressing The Use Of Steroids And Performance Enhancing Dietary Supplements By High School Athletes, Justin J. Simpson
McGeorge Law Review
No abstract provided.
Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart
Making America "The Land Of Second Chances": Restoring Socioeconomic Rights For Ex-Offenders, Deborah N. Archer, Kele Stewart
Articles
No abstract provided.