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Articles 6721 - 6750 of 10102
Full-Text Articles in Entire DC Network
Children With Special Health Care Needs: Minding The Gaps, Christie Provost Peters
Children With Special Health Care Needs: Minding The Gaps, Christie Provost Peters
National Health Policy Forum
This background paper examines the issue of children with special health care needs and their interaction with the health care system. Results from recent national and state surveys and studies were used to review the medical expenditures, utilization, and insurance coverage of these children. The paper also discusses weaknesses within the private and public delivery and financing systems that may hinder the access of certain families with children with special health care needs to important services.
Taking 'Trade And Culture' Seriously: Geographical Indications And Cultural Protection In Wto Law , Tomer Broude
Taking 'Trade And Culture' Seriously: Geographical Indications And Cultural Protection In Wto Law , Tomer Broude
ExpressO
The regulation of the relationship between international trade law and cultural protection is one of the challenges that the World Trade Organization (WTO) will be facing with greater intensity in the second decade of its existence. This paper approaches the problem as it is reflected in the current debate on Geographical Indications (GIs) for food and wine products in the WTO. It seeks to take 'trade and culture' seriously, looking not only at law's effects on trade but also on culture, and to examine the extent to which legal restrictions on international trade can in fact prevent the degradation of …
Dying In America - An Examination Of Policies That Deter Adequate End-Of-Life Care In Nursing Homes, Diane E. Hoffmann, Anita J. Tarzian
Dying In America - An Examination Of Policies That Deter Adequate End-Of-Life Care In Nursing Homes, Diane E. Hoffmann, Anita J. Tarzian
Faculty Scholarship
This article examines current health care policies and government practices that deter appropriate end-of-life care, focusing on the use of hospice services for dying nursing home patients. The authors conclude that hospice and nursing home regulations, reimbursement for hospice and nursing homes, and enforcement of the fraud and abuse rules collude to “chill” utilization of hospice by nursing homes and result in inadequate end-of-life care for many nursing home patients. They argue that these policies and practices have at their roots a number of questionable assumptions and call for a shift in existing paradigms affecting care to this group and …
It's Not The Thought That Counts, Deborah S. Hellman
It's Not The Thought That Counts, Deborah S. Hellman
ExpressO
The article considers a central question about discrimination – are an actor’s intentions relevant to whether an action wrongfully discriminates – and takes issue with a familiar answer to this question. If one thinks of “discrimination” in its literal sense, as simply drawing distinctions among people on the basis of possessing or lacking some trait, it becomes clear that discrimination is ubiquitous and often benign. The challenge is to distinguish when discrimination is permissible and when it is not. One common answer to this question is that it is the intentions of the actor who adopts or enacts a law, …
Unh Law Alumni Magazine, Summer 2005, University Of New Hampshire School Of Law
Unh Law Alumni Magazine, Summer 2005, University Of New Hampshire School Of Law
UNH Law Alumni Magazine
No abstract provided.
Obesity Harassment In School: Simply Teasing Our Way To Unfettered Obesity Discrimination And Stripping Away The Right To Education, Jessica Meyer
Obesity Harassment In School: Simply Teasing Our Way To Unfettered Obesity Discrimination And Stripping Away The Right To Education, Jessica Meyer
Minnesota Journal of Law & Inequality
No abstract provided.
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Australia's Damaging International Trade Practice: The Case Against Cruelty To Greyhounds, Alison G. Jones
Washington International Law Journal
The Australian greyhound racing industry is capitalizing on newly emerging markets in countries such as China and South Korea. The industry's drive to profit from promoting greyhound racing in these countries has put the welfare of greyhounds at risk. By exporting these dogs to China and South Korea, Australia is violating the spirit and general intent of its own animal cruelty laws, which guard against the type of animal abuse that occurs largely unchecked in those countries. Therefore, Australia should put an end to such exports as soon as possible. Under the General Agreement on Tariffs and Trade ("GATT"), Australia …
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
The Legal Protection Of Subsistence: A Prerequisite Of Food Security For The Inuit Of Alaska, Sophie Theriault, Ghislain Otis, Gerard Duhaime, Christopher Furgal
Alaska Law Review
No abstract provided.
Dismembering The Meat Industry Piece By Piece: The Value Of Federalism To Farm Animals, Colin Kreuziger
Dismembering The Meat Industry Piece By Piece: The Value Of Federalism To Farm Animals, Colin Kreuziger
Minnesota Journal of Law & Inequality
No abstract provided.
Thou Shalt Not Kill As Defeasible Heuristic: Law And Economics And The Debate Over Assisted Suicide, Daniel J. Gilman
Thou Shalt Not Kill As Defeasible Heuristic: Law And Economics And The Debate Over Assisted Suicide, Daniel J. Gilman
Faculty Scholarship
Although the literature addressing medical decisions at the end of life is vast, surprisingly little of it has come from the perspective of law and economics. This article begins with a critical account of one of the very few law and economics-based discussions of physician-assisted suicide (PAS), that developed by Judge Richard Posner in his book, Aging and Old Age. Central to Judge Posner's account is a model of PAS as a sort of technological innovation. What this particular innovation is supposed to bring is a radical reduction in certain critical information costs attending end-of-life decision making. It is …
Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super
Improving Fairness And Accuracy In Food Stamp Fraud Investigations: Advocating Reform Under Food Stamp Regulations, David A. Super
Faculty Scholarship
Some state food stamp agencies are overly aggressive in pursuing charges that claimants have committed intentional program violations. Just as failure to pursue allegations of fraud can undermine the Food Stamp Program’s goals, so can intimidation of claimants. States should take care to follow appropriate procedures in their investigations, and Food and Nutrition Service regulations offer ample grounds to advocate fair treatment of clients. Four key principles should guide states’ antifraud efforts.
Education Policies And Regulations: Fostering Healthy Student Lifestyles, David Ritter
Education Policies And Regulations: Fostering Healthy Student Lifestyles, David Ritter
Law Library Student-Authored Works
No abstract provided.
Chevron Step Zero, Cass R. Sunstein
Chevron Step Zero, Cass R. Sunstein
Public Law and Legal Theory Working Papers
The most famous case in administrative law, Chevron U.S.A. v. Natural Resources Defense Council, Inc., has come to be seen as a counter-Marbury, or even a McCulloch v. Maryland, for the administrative state. But in the last period, new debates have broken out over Chevron Step Zero—the initial inquiry into whether Chevron applies at all. These debates are the contemporary location of a longstanding dispute between Justice Scalia and Justice Breyer over whether Chevron is a revolutionary decision, establishing an across-the-board rule, or instead a mere synthesis of preexisting law, inviting a case-by-case inquiry into congressional instructions on the deference …
Food Democracy Ii: Revolution Or Restoration?, Neil D. Hamilton
Food Democracy Ii: Revolution Or Restoration?, Neil D. Hamilton
Journal of Food Law & Policy
Author's Note: This essay is a companion to the essay 'Food Democracy, "which appears in 9 Drake Journal of Agricultural Law 9 (2004). In that essay, the author discussed many of the progressive trends that are helping reshape America's food system. These trends have a common denominator in their reflection of the democratic tendencies of the American populace. The desire of an increasing number of consumers to eat better food and to have access to the information, choices, and alternatives that make better food available are helping drive shifts in food production and marketing. Accompanying these shifts are political and …
European Union Food Law Update, Nicole Coutrelis
European Union Food Law Update, Nicole Coutrelis
Journal of Food Law & Policy
The purpose of this update is to present the main events that have taken place each six months in the food law sector in the European Union (E.U.). This presentation will cover June through December 2004, but is not exhaustive. This update will not include detailed discussions of regulations, such as authorizations of new additives for animal feed or registrations of new geographic names. Instead it will concentrate on fundamental topics and focus on food, which excludes from our scope questions regarding the management of agricultural products (Common Agricultural Policy, or CAP). However, some questions which legally pertain to the …
Chevron Step Zero, Cass R. Sunstein
Chevron Step Zero, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
The most famous case in administrative law, Chevron U.S.A. v. Natural Resources Defense Council, Inc., has come to be seen as a counter-Marbury, or even a McCulloch v. Maryland, for the administrative state. But in the last period, new debates have broken out over Chevron Step Zero—the initial inquiry into whether Chevron applies at all. These debates are the contemporary location of a longstanding dispute between Justice Scalia and Justice Breyer over whether Chevron is a revolutionary decision, establishing an across-the-board rule, or instead a mere synthesis of preexisting law, inviting a case-by-case inquiry into congressional instructions on the deference …
Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman
Traceability And Labeling Of Genetically Modified Crops, Food, And Feed In The European Union, Margaret Rosso Grossman
Journal of Food Law & Policy
In the last several years, European Union (E.U.) policy has encouraged development of biotechnology, including genetically modified (GM) (that is, bioengineered) agricultural crops. The E.U. developed a strategy for life sciences and biotechnology, directed toward improving the competitiveness of the European biotechnology sector and the general situation for European biotechnology. E.U. documents have acknowledged the potential significance of genetically modified crops-for example, the conclusion in a recent report that "the potential of plant genomics and biotechnology to deliver major advances in our lifestyles and prosperity is enormous. [Biotechnology] can also maintain and enhance the competitiveness of E.U. farmers and food …
Journal Of Food Law & Policy - Spring 2005, Journal Editors
Journal Of Food Law & Policy - Spring 2005, Journal Editors
Journal of Food Law & Policy
No abstract provided.
United States Food Law Update, Michael T. Roberts, Margie Alsbrook
United States Food Law Update, Michael T. Roberts, Margie Alsbrook
Journal of Food Law & Policy
The one constancy about food law in the United States is change, especially in a rapidly-developing food industry. Innovations in food technology, shifts in popular culture and tastes, concerns of safety and nutrition, pressures from international markets, all contribute to the changing landscape of food law. These changes are reflected in new federal statutes, regulations, administrative decisions, and judicial decisions.
Revising Seed Purity Laws To Account For The Adventitious Presence Of Genetically Modified Varieties: A First Step Towards Coexistence, A. Bryan Endres
Revising Seed Purity Laws To Account For The Adventitious Presence Of Genetically Modified Varieties: A First Step Towards Coexistence, A. Bryan Endres
Journal of Food Law & Policy
Adoption of genetically modified (GM) seed varieties in the United States, Canada, and South America continues to expand, with GM crops comprising almost 76 million hectares and over 93 percent of the total biotech cropland worldwide. As an increasing number of farmers plant GM varieties, the potential for adventitious mixture of genetically modified DNA with products produced via organic and conventional (non-GM) methods also increases. Many consumers of organic and identity-preserved products, however, object to the adventitious presence of genetically modified DNA at even low levels. Accordingly, the ability of farmers to choose between conventional, organic, or GM crop production …
From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen
From "Predominance" To "Resolvability": A New Approach To Regulating Class Actions, Allan Erbsen
Vanderbilt Law Review
Class actions incite both delight and disgust. Several complementary themes in popular culture embrace the class action, including sympathy for underdog litigants challenging powerful malefactors, fascination with massive redistributions of wealth from corporations to individuals, and reluctance to permit large and influential wrongdoers to escape justice merely because of their size and clout. Class actions have thus become an appealing procedural counterweight to the burdens that modern society imposes on consumers and citizens, giving many little Davids a fighting chance for protection from or retribution against political and economic Goliaths. But class actions also expose and rile competing visions of …
The End Of American Democracy?, Bruce Ledewitz
The End Of American Democracy?, Bruce Ledewitz
Ledewitz Papers
Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals
Microfinance And Financial Development, Michael S. Barr
Microfinance And Financial Development, Michael S. Barr
Law & Economics Working Papers Archive: 2003-2009
No abstract provided.
Mid-Atlantic Ethics Committee Newsletter, Spring 2005
Mid-Atlantic Ethics Committee Newsletter, Spring 2005
Mid-Atlantic Ethics Committee Newsletter
No abstract provided.
Selling Out The Farm - The Impact Of The Farm Security And Rural Investment Act Of 2002 On Lending Institutions And The Small Farmer, Amanda Stokes
Selling Out The Farm - The Impact Of The Farm Security And Rural Investment Act Of 2002 On Lending Institutions And The Small Farmer, Amanda Stokes
North Carolina Banking Institute
No abstract provided.
The Law Of Peoples Or A Law For People: Consumers, Boycotts, And Non-Human Animals, Gary Chartier
The Law Of Peoples Or A Law For People: Consumers, Boycotts, And Non-Human Animals, Gary Chartier
Buffalo Environmental Law Journal
No abstract provided.
Articles, Notes And Commentary - Primary And Secondary Education - Law Review Digests
Articles, Notes And Commentary - Primary And Secondary Education - Law Review Digests
The Journal of Law and Education
No abstract provided.
Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett
Bovines And Global Warming: How The Cows Are Heating Things Up And What Can Be Done To Cool Them Down, Allison N. Hatchett
William & Mary Environmental Law and Policy Review
No abstract provided.
Medical Monitoring: The Right Way And The Wrong Way, Victor E. Schwartz, Leah Lorber, Emily J. Laird
Medical Monitoring: The Right Way And The Wrong Way, Victor E. Schwartz, Leah Lorber, Emily J. Laird
Missouri Law Review
This Article discusses the accepted scientific and medical approach to medical monitoring and explains the considerations involved. Next, the Article outlines how courts have approached these issues. Then, it details the reasons the courts are ill-equipped to implement medical monitoring causes of action. Finally, the Article explains why the legislature is the institution that should decide whether to implement medical monitoring as a valid claim.