Digital Commons Network^™

Protecting Our Food: A Critical Look At The National Uniformity For Food Act Of 2004 And Food Safety In America, Megan Danko

Loyola Consumer Law Review

No abstract provided.

How The Antitrust Modernization Commission Should View State Antitrust Enforcement, Robert L. Hubbard, James Yoon

Loyola Consumer Law Review

No abstract provided.

From Helping To Hoarding To Hurting: When The Acts Of "Good Samaritans" Become Felony Animal Cruelty, Lisa Avery

Valparaiso University Law Review

No abstract provided.

Loved And Lost: Breathing Life Into The Rights Of Noncustodial Parents, Theresa E. Ellis

Valparaiso University Law Review

No abstract provided.

Bo Ginn Papers, Zach S. Henderson Library Special Collections

Finding Aids

This collection consists of various political papers to and from Ronald “Bo” Ginn from 1973 to 1983. The collection includes professional correspondence to and from various constituents and organizations, personal correspondence, and audiovisual tapes of Ginn’s life and work. These items contain items of importance for the citizens of Georgia such as, agriculture, government spending, and issues regarding other forms of commerce for Georgia.

Find this collection in the University Libraries' catalog.

For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr

William Mitchell Law Review

This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …

Fattening Foods: Under Products Liability Litigation Is The Big Mac Defective?, Charles E. Cantú

Faculty Articles

Excessive consumption of fast food may produce negative results, but it does not render fast food products, like the McDonald’s Big Mac, defective. While no product is technologically perfect, and any product can cause injury, American jurisprudence has always held purveyors of defective food liable. The question is whether fattening foods, such as the Big Mac, are defective under a strict products liability theory.

The cornerstone of this cause of action requires a product to be defective, which may stem from: (1) mis-manufacturing, where the product enters the stream of commerce in an unintended condition; (2) mis-marketing, where the risks …

Doping In Sports And The Use Of State Power, Maxwell J. Mehlman, Elizabeth Banger, Matthew M. Wright

Saint Louis University Law Journal

No abstract provided.

Law Is Not Enough, Berta E. Hernández-Truyol

UF Law Faculty Publications

In 1995, the United Nations reported “in no society today do women enjoy the same opportunities as men.” The condition and status of women worldwide was one of social, political, educational, legal, and economic inequality. Ten years later, women's economic disparities persist. In Gender Injustice: An International Comparative Analysis of Equality in Employment, Dr. Anne-Marie Mooney Cotter focuses on women's global inequality in employment. The book's in-depth examination of women's second-class, subordinated status in the workplace around the world provides invaluable insights into the complexities of gender inequality.

World News, Jane Garrido, Catherine Landers, Cari Shiffman

Sustainable Development Law & Policy

No abstract provided.

Post-Conflict Convergence Of Development Planning: Implementation Of The Sustainable Development Related Millennium Development Goals In Afghanistan, Belinda Bowling, Asif Ali Zaidi

Sustainable Development Law & Policy

No abstract provided.

The Paradox Of Predatory Pricing, Daniel A. Crane

Cornell Law Review

No abstract provided.

The Fight At The Soda Machine: Analyzing The Sweetener Trade Dispute Between The United States And Mexico Before The World Trade Organization , Patricia Larios

American University International Law Review

No abstract provided.

The Problem Of New Uses, Rebecca S. Eisenberg

Articles

Discovering new uses for drugs that are already on the market seems like it ought to be the low-lying fruit of biopharmaceutical research and development (R&D). Firms have already made significant investments in developing these drugs and bringing them to market, including testing them in clinical trials, shepherding them through the FDA regulatory approval process, building production facilities, and training sales staff to market them to physicians. By this point, the drugs have begun to enjoy goodwill among patients and physicians and casual observations in the course of clinical experience may point to potential new uses. One might expect that …

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy Polikoff

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using Intellectual Property Rights To Preserve The Global Genetic Commons: The International Treaty On Plant Genetic Resources For Food & Agriculture, Laurence R. Helfer

Faculty Scholarship

Over the last twenty years, national governments, patent owners, farmers, plant breeders, researchers, and a diverse array of non-governmental organizations (NGOs) have engaged in a vigorous debate over how to conserve and utilize the world's plant genetic diversity. On one side of this debate are advocates of a pure global commons regime, which would allow researchers, breeders, and farmers free and unfettered access to all plant genetic resources (PGRs), including those held in international seed banks, in national collections, and in situ on public lands. On the other side are advocates of a private property approach, which seeks to encourage …

Book Review, Jonathan B. Wiener

Faculty Scholarship

Reviewing, Richard A. Posner, Catastrophe: Risk and Response (Oxford University Press, 2004) and Jared Diamond, Collapse: How Societies Choose to Fail or Succeed (Viking, 2005)

Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana

GW Law Faculty Publications & Other Works

This Essay argues that the current regime of administrative law should be changed by creating legal incentives for agencies to involve the public in the rulemaking process via "democracy index rulemaking." Democracy index rulemaking would create a clear incentive for agencies to involve the public by requiring that the more participation that occurred during the rulemaking process, the more deference that such an agency rule would receive in court. An agency could receive this deference by using normal notice and comment procedures and receiving a large number of relevant and non-repetitive comments on a proposed rule, with the precise amount …

Tell Me What You Eat, And I Will Tell Whom To Sue: Big Trouble Ahead For “Big Food"?, Richard C. Ausness

Law Faculty Scholarly Articles

Overweight consumers are seeking damages from purveyors of fast food for obesity-related health problems. Plaintiffs claim that products that are high in fat, sugar, salt and cholesterol are defective. Other potential liability theories include product category liability, failure to warn, failure to disclose nutritional information, deceptive advertising, and negligent marketing. However, in order to prevail at trial, plaintiffs must overcome problems with causation, duty and proximate cause, shifting responsibility, federal preemption, comparative fault, and assumption of risk. If such litigation is successful, it may induce fast-food companies to produce healthier products. Nevertheless, this Article concludes that the problem of obesity, …

Volvo Commercial Finance, Llc The Americas, A Delaware Limited Liability Company V. Wells Fargo Bank, N.A., A National Banking Association : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE THIRD DISTRICT COURT SALT LAKE COUNTY, STATE OF UTAH, THE HONORABLE L.A. DEVER CIVIL NO. 020905207.

State Of Utah V. Francisco A. Candedo : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

AN APPEAL FROM A CONVICTION FOR ONE COliNT OF SECURITIES FRAUD, A SECOND DEGREE FELONY, IN VIOLATION OF UTA H CODE ANN. §§ 61-1-1, -21 (WEST 2004); ONE COUNT] UNLICENSED BROKER-DEALER OR AGENT, FELONY, IN VIOLATION OF UTAH CODE ANN. OF SALES BY AN |A THIRD DEGREE §§ 61-1-3, -21 (WEST 2004); AND ONE COUNT OF EMPLOYING AN UNLICENSED BROKERDEALER OR AGENT, A THIRD DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. §§ 61-l-3(2)(a), -21 (WEST 2004), IN THE THIRD JUDICIAL DISTRICT COURT, SALT LAKE COUNTY, THE HONORABLE STEPHEN L. HENRIOD PRESIDING

Nclb And Questions Of Validity And Reliability Education, Legislation, Law & Social Science Research, Patricia F. First

The Journal of Law and Education

No abstract provided.

Retrospective On Justice And The Poor In The United States In The Twentieth Century, Henry Rose

Faculty Publications & Other Works

No abstract provided.

Reforming The Administrative Procedure Act: Democracy Index Rulemaking, David Fontana

Fordham Law Review

No abstract provided.

The Same Mold Story: What Toxic Mold Is Teaching Us About Causation In Toxic Tort Litigation, Jeffrey J. Hayward

North Carolina Law Review

No abstract provided.

Anatomy Of A Disaster Under The Internal Revenue Code, Francine J. Lipman

Scholarly Works

No abstract provided.

Uniform Commercial Code Survey: Sales, Keith A. Rowley, Carolyn L. Dessin, Larry T. Garvin, Robyn L. Meadows

Scholarly Works

2004 Uniform Commercial Code Survey: Sales.

Looting Of Iraqi Art: Occupiers And Collectors Turn Away Leisurely From The Disaster, Amy E. Miller

Case Western Reserve Journal of International Law

No abstract provided.

Entrance Ramps, Tolls, And Express Lanes – Proposals For Decreasing Traffic Congestion In The Patent Office, Kristen Jakobsen Osenga

Law Faculty Publications

This Article proposes implementing a multitier patent system by the creation of two additional "roads" or routes that a patent application may follow. Because many patents are not sought with the intention of pursuing the traditional patent reward of commercialization or profit through access control, that is, the exercise of the limited patent monopoly, there is no reason for every single application to follow the current route. The creation of an auxiliary, or "side road," would decrease crowding on the current patent grant highway while still allowing the nontraditional applications to enter and traverse the patent grant system with different …

Refusal To Undergo A Cesarean Section: A Woman's Right Or A Criminal Act ?, Monica K. Miller

Health Matrix: The Journal of Law-Medicine

No abstract provided.