Digital Commons Network^™

The Birth Place Of Food Products: Do You Know Where Your Food Comes From?, Jacquelyn Trussell

Loyola Consumer Law Review

No abstract provided.

Jurisdictional Conflict In Global Antitrust Enforcement, Hannah L. Buxbaum

Loyola Consumer Law Review

No abstract provided.

The Battle For The Armrest Reaches New Heights: The Air Carriers Access Act And The Issues Surrounding The Airlines' Policy Of Requiring Obese Passengers To Purchase Additional Tickets, Brian Bolton

Journal of Air Law and Commerce

No abstract provided.

Financing For Development, The Monterrey Consensus: Achievements And Prospects, Abdel Hamid Bouab

Michigan Journal of International Law

The International Conference on Financing for Development, held in Monterrey, Mexico, in March 2002, marked the beginning of a new international approach to dealing with issues of development finance. It resulted from a unique process that broke new ground in bringing together all relevant stakeholders in a manner that was unprecedented in inclusiveness. Under the umbrella of the United Nations, all parties involved in the financing for development process contributed to creating a policy framework, the Monterrey Consensus of the International Conference on Financing for Development, to guide their respective future efforts to deal with issues of financing development at …

The New Codex Alimentarius Commission Standards For Food Created With Modern Biotechnology: Implications For The Ec Gmo Framework's Compliance With The Sps Agreement, Aaron A. Ostrovsky

Michigan Journal of International Law

This Note makes two assertions. First, despite the fact that the Codex guidelines do not specifically invoke the Precautionary Principle in name, it can indeed be read into the guidelines in the amount of deference given to states in how they assess risk. This in turn means that the E.C.'s Deliberate Release Directive should be enjoy a presumption of compliance with both the SPS Agreement and the GATT. The second assertion is that even if the adjudicating body of the WTO finds that the Deliberate Release Directive, in relying on the Precautionary Principle, prescribes a higher level of protection than …

What A Long, Strange “Trips” It’S Been: Compulsory Licensing From The Adoption Of Trips To The Agreement On Implementation Of The Doha Declaration, 3 J. Marshall Rev. Intell. Prop. L. 331 (2004), Mark C. Lang

UIC Review of Intellectual Property Law

Startling numbers of people die every day because they do not have access to essential medicines and treatment for diseases such as HIV/AIDS, particularly in Africa and Asia. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) was established by the World Trade Organization (WTO) to set a minimum level of protection of intellectual property rights across international borders, as well as promote and protect the welfare of humanity. This Comment reviews the history of the TRIPS Agreement, including the most recent adoption of the WTO relating to the issuance of compulsory licenses. Specifically, this Comment suggests that the …

The Accidental And Inherent Anticipation Doctrines: Where Do We Stand And Where Are We Going?, 4 J. Marshall Rev. Intell. Prop. L. 63 (2004), Anne Brown, Mark Polyakov

UIC Review of Intellectual Property Law

It is often unclear when a prior occurrence or disclosure of a claimed invention falls under the patent law doctrines of inherent or accidental anticipation. Courts have applied various tests in determining whether anticipation is inherent or accidental, and the cases are difficult to reconcile. Tests seemingly dispositive to establish an accident in one case may also appear dispositive to establish inherency. As a result of our analysis, we have developed a two-step test that can be used to reconcile the two doctrines and determine whether a product or process anticipates. The first prong is concerned with whether the prior …

The Constitution At The Threshold Of Life And Death: A Suggested Approach To Accommodate An Interest In Life And A Right To Die, Michael P. Allen

American University Law Review

In the past fifteen years, the United States Supreme Court has decided three cases in which it tentatively began to explore what the United States Constitution has to say about issues that are popularly described as the "right to die." In this article, I suggest that the current state of constitutional analysis does not provide for an effective mechanism for securing an individual's "right to die," at least not without undervaluing a state's interest in the preservation of human life should a state choose to take such a position. In the article, I suggest that it is possible to adopt …

Mainstreaming Complementary And Alternative Medicine In The Face Of Uncertainty, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article provides an overview of the medical necessity test, and examines the decision-making process pursuant to the test, including who makes coverage determinations and what criteria are used in making them. Part I also sets forth examples of conventional treatments that insurers routinely cover despite their questionable efficacy from a medical necessity perspective. Part II explores CAM disciplines and describes how they differ from conventional medicine. Part III discusses the legal challenges CAM faces and explores the limited extent to which CAM is covered by health insurance and the failure of state laws to provide mandates …

(Under)Mining The Seabed? Between The International Seabed Authority Mining Code And Sustainable Bioprospecting Of Hydrothermal Vent Ecosystems In The Seabed Area: Taking Precaution Seriously, Ikechi Mgbeoji

Articles & Book Chapters

Rapid developments in marine biotechnology and the prospect of sea-bed mining have exposed the inadequacy of legal frameworks to regulation the exploration exploitation, and sharing of the benefits that arise from such marine endeavors. The fact of the matter is that despite the giant strides made in and the huge financial stakes involved in bioprospecting of hydro-thermal vent ecosystems, legal issues raised by profitable biotechnology development through marine scientific research (MSR) are still at an infant and underdeveloped stage. This article evaluates the extent to which the present legal order for the mining of seabed polymetallic nodules with its tangential …

The Purpose Of Development, Kamal Malhotra

Michigan Journal of International Law

Paper and presentation by Kamal Malhotra, Senior Adviser, Inclusive Globalization, Bureau for Development Policy, United Nations Development Programme, New York, at the "Globalization, Law, and Development" conference at the University of Michigan, Ann Arbor, April 16-18, 2004. This paper covers the topic of defining human development, human poverty, recently neglected human development despite a long history, and measuring human development.

Querying Lawrence, Berta E. Hernández-Truyol

UF Law Faculty Publications

In 2003, the Supreme Court in the landmark decision Lawrence v. Texas found a Texas law, banning homosexual, but not heterosexual, sodomy to be unconstitutional. Thus, Lawrence ended the Bowers era in which morality was deemed to be a justification for discrimination against gays and lesbians. While the decision did bring to United States Constitutional analysis the radical idea that gays and lesbians are people too, it stopped short of addressing the real problem the case presents--the existence of a second-class citizenry. This Article examines the Lawrence decision in light of both the international, regional, and foreign jurisprudence and the …

Fish Genes Into Tomatoes: How The World Regulates Genetically Modified Foods, Ed Wallis

North Dakota Law Review

No abstract provided.

Family And Medical Leave Act Reform: Is Paid Leave The Answer, Eric Daniel

Cleveland State Law Review

This Note will discuss the current status of the Family Medical Leave Act (FMLA) and the drawbacks of having an unpaid federal leave program. It will explore the inability of the current federal program to achieve the fundamental goal of enabling workers to take time off of work to bond with a newborn child, to tend to an ill relative, or to allow time for recuperation of the employee's own serious health condition. In discussing this shortfall, this Note will focus on the impractical expectation that an employee in one of these situations will be able to spend up to …

Monopoly Leveraging In Verizon Communications V. Law Offices Of Curtis V. Trinko, Llp: Why The United States Supreme Court Should Draw A Clear Line For Anticompetitive Behavior Violative Of The Sherman Act, Anthony J. Lazzaro

Cleveland State Law Review

The Court should draw the line for anticompetitive behavior violative of the Sherman Act above the mere gain of a competitive advantage in the second market. If the Supreme Court were to draw the line at this level, the circuit split and the resulting confusion would be ameliorated. By recognizing the three types of conduct that characterize monopoly leveraging, with the exception to the third type of conduct, the Supreme Court would provide much needed guidance for the lower federal courts in determining whether a firm's behavior in a given case rises to the level of the monopoly leveraging. The …

The Cas Ad Hoc Division At The Athens Olympic Games, Richard Mclaren

Marquette Sports Law Review

No abstract provided.

Index: Sports Law In Law Reviews And Journals, Stacey Meyer

Marquette Sports Law Review

No abstract provided.

When Vitalism Is Dead Wrong: The Discrimination Against And Torture Of Incompetent Patients By Compulsory Life- Sustaining Treatment, Alicia R. Ouellette

Indiana Law Journal

No abstract provided.

Back To The Future: The Future Of Long-Term Care In Massachusetts, Deborah H. Thomson, John J. Ford

Gerontology Institute Publications

The state of Massachusetts, like the rest of the United States, is facing an approaching crisis in long-term care. Over the next few decades the number of Massachusetts residents age 65 and older will soar. As these numbers increase, so will the need for long-term care.

Massachusetts is ill prepared to provide the services that will be needed. Our current system of health care benefits leaves many elders with gaps in coverage. Those individuals who need long-term services often impoverish themselves and their spouses before the state pays for their care. Others languish on waiting lists to receive services. Our …

Dollars And Death, Cass R. Sunstein, Eric A. Posner

Public Law and Legal Theory Working Papers

Administrative regulations and tort law both impose controls on activities that cause mortality risks, but they do so in puzzlingly different ways. Under a relatively new and still-controversial procedure, administrative regulations rely on a fixed value of a statistical life representing the hedonic loss from death. Under much older law, tort law in most states excludes hedonic loss from the calculation of damages, and instead focuses on loss of income, which regulatory policy ignores. Regulatory policy also disregards losses to dependents; tort law usually allows dependents to recover for loss of support. Regulatory policy generally treats the loss of the …

Progress And Progression In Family Law, Martha Albertson Fineman

Faculty Articles

The process and nature of change in our family formation seems unlikely to be derailed. The policy question for those concerned with the institution of the family in today's world should not be how we can resuscitate marriage and thus save society, but rather how we can support all individuals who create intimate, caring relationships, regardless of the form of those relationships. Continued inattention to the social and economic dislocations and the emerging family needs produced in the wake of changes in family formation can be disastrous, not only to individual families, but also to society.

Of particular importance for …

Electronic Discovery Best Practices, Virginia Llewellyn

Richmond Journal of Law & Technology

The concept of electronic discovery is still somewhat intimidating to many attorneys, but those who have learned to implement electronic discovery best practices are enjoying the advantages it offers, which include greater control over document review and production processes as well as significant cost reductions. Whether you come to the discovery process as in-house or outside counsel, you can anticipate some of the issues involved in responding to electronic data requests. Pre-review cooperation among in-house counsel, their litigators, and Information Technology (IT) personnel is ideal for planning a successful electronic discovery response.

Business As Usual? Brown And The Continuing Conundrum Of Race In America, Robert S. Chang, Jerome M. Culp Jr.

Faculty Scholarship

No abstract provided.

Death By Treaty: South Africa's Medicines And Related Substances Amendment Act Of 1997 And The Agreement On Trade Related Aspects Of Intellectual Property Rights, Matthew Leis

Journal of International Business and Law

No abstract provided.

The Globalization And Changing Industrial Dynamics In Asia, Susumu Yoshida

Journal of International Business and Law

No abstract provided.

How A Drug Becomes ‘Ethnic’: Law, Commerce, And The Production Of Racial Categories In Medicine, Jonathan Kahn

Faculty Scholarship

A drug called BiDil is poised to become the first drug ever approved by the Food and Drug Administration (FDA) to treat heart failure in African Americans - and only African Americans. This article explores the story of BiDil and considers some of its broader implications for the use of racial categories in law, medicine, and science. It argues that BiDil is an ethnic drug today as much, if not more because of the interventions of law and commerce as because of any biomedical considerations. The article is, first, a retrospective analysis of how law, commerce, science, and medicine interacted …

Where The Oregon Trail Meets The Silk Road: Why China's Path To Sustainability Should Bypass Oregon, Samuel A. Rodabough

Washington International Law Journal

With a substantial population and continued exponential economic growth, China is perceived as exerting ever-increasing pressure on its natural environment. The concept of sustainable development has been posited by many in the international community as a means of overcoming China's bleak environmental outlook, while simultaneously preserving its economic prosperity. However, because of widespread disagreement as to the precise nature, scope, and practical application of sustainable development, the concept remains elusive and has proven difficult to implement. In its most basic form, sustainable development seeks to simultaneously meet environmental, economic, and social needs. With respect to these needs, China has affirmed …

The Why Of Constitutional Essentials, Lawrence G. Sager

Fordham Law Review

No abstract provided.

Taking Adaptive Management Seriously: A Case Study Of The Endangered Species Act, J.B. Ruhl

Vanderbilt Law School Faculty Publications

If one compares the way in which the ESA was implemented in 1982 to the way it is today, the list of differences would far outweigh the similarities. Indeed, the ESA has been transformed so much through administrative reform toward the ecosystem management model, I have dared to suggest elsewhere that it has earned the seal of eco-pragmatism. In this Article, I explore the related question such an assertion necessarily begs-has the ESA also earned the seal of adaptive management?... Part I of the Article provides the legal and ecological background necessary to appreciate the need for ecosystem management, and …

Feeding Tubes, Slippery Slopes, And Physician-Assisted Suicide, David Orentlicher, Christopher M. Callahan Md

Scholarly Works

No abstract provided.