Digital Commons Network^™

Greenpeace V. National Marine Fisheries Service: Steller Sea Lions And Commercial Fisheries In The North Pacific, Jerry Mcbeath

Alaska Law Review

No abstract provided.

The Economics Of Quality: Changing Incentives In Cincinnati, Lisa Sprague, Nora Super

National Health Policy Forum

This site visit focused on private market dynamics and quality improvement initiatives. Cincinnati is characterized by strong players in all sectors of the market: employers such as Procter and Gamble and General Electric, hospital systems, health plans, and physician groups with the power to “push back” in contract negotiations. The city is a pilot site for Bridges to Excellence, a pay-for-performance initiative spearheaded by GE. Cincinnati Children’s Hospital Medical Center is a grantee under the Robert Wood Johnson Foundation’s Pursuing Perfection program. Among the issues explored were physician supply, incentive structures, specialty hospitals, and information technology.

Medicare's Chronic Care Improvement Pilot Program: What Is Its Potential?, Nora Super

National Health Policy Forum

This paper describes the voluntary chronic care improvement program under traditional fee-for-service Medicare as authorized by the Medicare Prescription Drug, Improvement, and Modernization Act (MMA) of 2003 (Public Law 108-173; section 721). This brief analyzes the emerging issues raised by this new program, including which chronic conditions and regional areas will be targeted, the types of entities that may participate, the physician’s role in care management, and the adoption and use of health information technology and evidence-based clinical guidelines.

Extraterritoriality Of The Sherman Act And Deterrence Of Private International Cartels, John M. Connor

ExpressO

This paper argues that the facts in the vitamins cartel support decisions in the 2nd and DC circuits to permit wholly foreign direct buyers of globally cartelized products standing to sue in U.S. courts. Such an interpretation of the Sherman Act is justified by conduct that is essentially linked to the management of successful international cartels, namely, the prevention of geographic arbitrage. This paper shows that the degree of injuries imposed on U.S. consumers could not have occurred were it not for coordinated price increases in countries with weak or nonexistent anticartel laws. Moreover, this paper endeavors to demonstrate that, …

Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice

Human Rights & Human Welfare

Prepared for presentation at the 2004 International Studies Association Convention. Montreal Quebec, Canada. March 17 – 20, 2004.

Please do not cite this draft manuscript without permission from the author.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken …

Euthanasia In America - Past, Present, And Future: A Review Of A Merciful End And Forced Exit, Edward J. Larson

Michigan Law Review

Nearly 170 years ago, in the classic first volume of his Democracy in America, Alexis de Tocqueville observed, "Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question." De Tocqueville viewed this as a peculiarly U.S. development. He attributed it to the authority of the judiciary in the United States to review governmental enactments and establish individual rights based on judicial interpretation of the federal and state constitution. "Whenever a law that the judge holds to be unconstitutional is invoked in a tribunal of the United States, he may …

Inside Unlv, Gian Galassi, Andy Grossman, Donna Mcaleer, Jennifer Vaughan, Carol C. Harter, Ronald Yasbin

Inside UNLV

No abstract provided.

Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu

San Diego International Law Journal

This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.

Mandatory Recall Authority: A Sensible And Minimalist Approach To Improving Food Safety, Michael T. Roberts

ExpressO

No abstract provided.

Patent Wars In The Valley Of The Shadow Of Death: The Pharmaceutical Industry, Ethics And Global Trade, Uche Ewelukwa

ExpressO

No abstract provided.

The National School Lunch Program And Usda Dietary Guidelines: Is There Room For Reconciliation, Kathryn L. Plemmons

The Journal of Law and Education

No abstract provided.

Une Marche En Terrain Glissant, Janet E. Mosher

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

Walking On Eggshells: Abused Women's Experiences Of Ontario's Welfare System, Janet E. Mosher

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson

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

No abstract provided.

A Constitution For Judicial Lawmaking, Adam N. Steinman

Faculty Scholarship

When courts decide cases, the decisions make law because they become precedent that binds future courts under the doctrine of stare decisis. This article argues that some principles governing judicial lawmaking are functionally constitutional principles because they go to the validity of a particular attempt at judicial lawmaking (just as the constitutional principles governing legislative lawmaking determine the validity of lawmaking by legislatures). Because even poorly reasoned judicial decisions can still be effective lawmaking acts, it is important to distinguish between constitutional and non-constitutional principles and arguments. While a non-constitutional principle can be a basis for examining the wisdom or …

Catfish Wars: Vietnam's Fight For Free Trade In The U.S. Court Of International Trade, Amalia R. Walton

Washington International Law Journal

Since the end of the Vietnam War, relations between the United States and Vietnam have been largely based on trade, causing both cooperation and conflict. Beginning in the 1990s, economic exchange between the two nations was encouraged through the 1994 lifting of the post-war trade embargo, the 1998 waiver of the Jackson-Vanik Amendment, and the signing of the U.S.-Vietnam Bilateral Trade Agreement in 2000. Vietnam's successful catfish industry was born of this cooperation but, soon after the U.S.-Vietnam Bilateral Trade Agreement went into effect, became the source of international controversy. U.S. catfish farmers responded to competition from lower-priced Vietnamese catfish …

Study Of The International Food Security Regime: Food Aid To North Korea During The Famine Of 1995-2000, Jongeun Lee

Cardozo Journal of International and Comparative Law

The note examines the persistent food insecurity in the Democratic People's Republic of Korea (DPRK) and the challenges of international food aid efforts, highlighting systemic issues such as monitoring limitations, political debates over aid effectiveness, and the need for reform in the international food security regime. It argues that while organizations like the World Food Programme (WFP) have expanded their operations in the DPRK, structural barriers, including the government's restrictions and donor countries' shifting commitments, undermine the long-term impact of food aid. The note emphasizes the urgency of addressing these challenges to prevent further humanitarian crises and promote sustainable food …

New Mexico Growers Association V. United States Fish & Wildlife Service And Other Efforts To Undermine Critical Habitat Designation Essential For Species Recovery, Laura Hartt

William & Mary Environmental Law and Policy Review

No abstract provided.

Gaps, Inexperience, Inconsistencies, And Overlaps: Crisis In The Regulation Of Genetically Modified Plants And Animals, Gregory N. Mandel

William & Mary Law Review

The regulation of genetically modified products pursuant to statutes enacted decades prior to the advent of biotechnology has created a regulatory system that is passive rather than proactive about risks, has difficulty adapting to biotechnology advances, and is highly fractured and inefficient-transgenic plants and animals are governed by at least twelve different statutes and five different agencies or services. The deficiencies resulting from this piecemeal approach to regulation unnecessarily expose society and the environment to adverse risks of biotechnology and introduce numerous inefficiencies into the regulatory system. These risks and inefficiencies include gaps in regulation, duplicative and inconsistent regulation, unnecessary …

Anything Industry Wants: Environmental Policy Under Bush Ii, Patrick Parenteau

Duke Environmental Law & Policy Forum

No abstract provided.

Inside Unlv, Gian Galassi, Carol C. Harter, Jeffrey Koep

Inside UNLV

No abstract provided.

Law Library Briefs, Roger Williams University School Of Law Library

Law Library Newsletters/Blog

No abstract provided.

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

The Federal Trade Commission And The Future Development Of U.S. Consumer Protection Policy, Timothy Muris

ExpressO

No abstract provided.

A Cost Benefit Analysis Of The State Of Tennessee's Child Support Guidelines : How Can The Orders Be Better Encouraged And Enforced?, Jennifer B. Vanzant

Honors Theses

Due to a growing number of The State of Tennessee's parents who should be receiving child support instead receiving welfare, the State is reexamining the makeup of the guidelines. Tennessee's existing child support regulations are written in a language that most individuals can interpret, but issues of compensation for additional dependents, low and very low income families, and shared parenting are three key circumstances producing inequalities that need to be improved within the guidelines. Judicial review has already made several advances in the way child support is awarded. New law has recently developed from child support case decisions regarding moneys …

Make An Investment In Our School Children: Increase The Nutritional Value Of School Lunch Programs, Clint G. Salisbury

Brigham Young University Education and Law Journal

No abstract provided.

West Meets East: A Discussiion Of European Union Enlargement And Human Rights, Jill Parker

Tulsa Journal of Comparative and International Law

No abstract provided.

Old Habits Die Hard: The Trouble With Ignoring Section 2-306 Of The Ucc, Travis W. Mccallon

Tulsa Law Review

No abstract provided.

Panel Iii: The New Campaign Against Counterfeiting And Piracy., Barbara Kolsun, Heather Mcdonald, Darren Pogoda

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Save A Little Room For Me: The Necessity Of Naming As Inventors Practitioners Who Conceive Of Claimed Subject Matter, David Hricik, Alexandra Geczi, Zachary Thomas

Mercer Law Review

This Article addresses ethical and malpractice issues arising from the fact that attorneys who prosecute patents almost inevitably add to the inventor's original disclosure to the attorney. In the course of drafting a patent application-a process in which the attorney describes, necessarily in his own words, what the client has invented-the attorney will, at minimum, contribute ideas, thoughts, and means of expression that the client had not used. The application is not a verbatim transcript of an interview with the client; it is the creation of the patent lawyer. ...

However, under established law governing inventorship and derivation, seldom during …