Digital Commons Network^™

Legal And Regulatory Barriers To Adequate Pain Control For Elders In Long-Term Care Facilities, Laura D. Seng

City University of New York Law Review

No abstract provided.

The Growing Importance Of Advance Medical Directives In The Military, Thaddeus A. Hoffmeister

School of Law Faculty Publications

While the litigation in the Terri Schiavo case is an extreme example of what can go wrong in the health care decision-making process, it highlights the importance of advance medical directives (AMD) in helping to ensure patient autonomy during end-of-life medical treatment. Unfortunately, large segments of society, to include the military, are still unclear about the role of AMDs in patient care. Thus, this article provides a broad overview of AMDs and their legal applications with a particular emphasis on expanding their use in the military community. This article begins with a discussion of living wills and durable powers of …

Delinquency Jurisdiction In A Unified Family Court: Balancing Intervention, Prevention, And Adjudication, Gloria Danziger

All Faculty Scholarship

This article will examine the demographics of the current juvenile delinquency caseloads and will argue that, despite trends toward greater punitive measures-including placement of juveniles in adult courts for certain offenses, the concept of a therapeutic "family-centered court," which inspired Jane Addams and her colleagues, remains the most promising approach to delinquency, articulated most notably by the proponents of the unified family court concept. The article will consider and address objections and concerns raised with respect to this approach, looking at ways in which several states have incorporated juvenile delinquency into a family-centered unified family court.

Biological Factors Associated With Aggression And Violent Behavior: A Comparative Analysis Of Scientific, Societal, And Legal Dimensions, Troy M. Bear

ExpressO

No abstract provided.

Incremental Bar Admission: Lessons From The Medical Profession, Jayne W. Barnard, Mark Greenspan

Journal of Legal Education

No abstract provided.

Section 7: Federalism In The Rehnquist Court, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Bioterrorism, Biodefense, And Biotechnology In The Military: A Comparative Analysis Of Legal And Ethical Issues In The Research, Development, And Use Of Biotechnological Products On American And British Soldiers., Ashley R. Melson

ExpressO

Despite the legal and ethical concerns raised, biotechnology continues to offer countless opportunities for enhancing military capabilities. As such, the research, development and utilization of biotechnological products are present realities in the U.S. and abroad, both within and outside of the defense context. However, testing and usage, as well as effective collaboration between Allies, calls for the resolution of complex and pressing issues presented by this intersection of science, technology, and human lives. Resolutions must take into account the history of abuses in military research, existing domestic and international legal and ethical safeguards, and a special respect for those serving …

International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner

Buffalo Public Interest Law Journal

No abstract provided.

A Call For Uniform Regulation Of Intentional Introduction Of Non-Indigenous Species: The Suminoe Oyster, Lori H. Peoples

North Carolina Law Review

No abstract provided.

United Nations Sanctions After Iraq: Looking Back To See Ahead, Christopher C. Joyner

Chicago Journal of International Law

The UN's thirteen-year-old sanctions regime against Iraq marked a watershed development in the application of economic coercion by the United Nations. These measures-the most extensive and most prolonged ever applied by the United Nations-became the most economically devastating on their targeted citizenry, as well as the most politically controversial among human rights advocates. Given these circumstances, it is useful to assess both the impact of these sanctions on the economy and society of Iraq and the lawfulness of Security Council sanctions application in light of international humanitarian law. From this analysis we should be able to gauge what implications flow …

Resnick V. Adams: The Lawful Denial Of A Jewish Prisoner's Right To Keep Kosher, Jerry C. Chow

Loyola of Los Angeles Law Review

No abstract provided.

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …

Wic Reauthorization: Opportunities For Improving The Nutritional Status Of Women, Infants, And Children, Harriette Fox, Margaret Mcmanus, Harry Schmidt

National Health Policy Forum

This paper examines the main reform issues affecting the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), which is coming up for reauthorization this year. The paper provides background information on the WIC program, including its dramatic growth in participation and funding. It also reviews WIC’s link to health care and its impact on health outcomes. A series of considerations for WIC’s future are raised, including food package and program eligibility changes, nutrition education strategies to reduce obesity, financial risks and health consequences of relying on infant formula rebates, and new opportunities for research and demonstration.

Toward A Criminal Law For Cyberspace: Distributed Security, Susan Brenner

ExpressO

The article analyzes the structure and evolution of the current, traditional model of law enforcement and explains why this model is not an effective means of addressing computer-facilitated criminal activity. It begins by analyzing the operation of rules in collective systems composed of biological or artificial entities; it explains that every such system utilizes basic, constitutive rules to maintain both internal and external order. The article explains that intelligence has a profound effect upon a system’s ability to maintain internal order. Intelligence creates the capacity for deviant behavior, i.e., the refusal to abide by constitutive rules, and this requires the …

International Poverty Law: A Response To Economic Globalization, Timothy K. Kuhner

ExpressO

This paper is directed at poverty lawyers and, more generally, anyone with an interest in the relationship between poverty and globalization. In this paper, I argue that poverty law needs to expand its scope in order to encompass the international dimensions of poverty, and to thereby become responsive to the current nature of poverty. This need is evident, because wealth and poverty have been globalized, domestic issues have become international issues, and international issues have become domestic issues and produced domestic changes. After establishing these premises, I describe five areas of research and advocacy, each of which is located within …

Fish As Pollutants: Limitations Of And Crosscurrents In Law, Science, Management, And Policy, Jeremy Firestone, Robert Barber

Washington Law Review

When we think of pollutants, we either consciously or unconsciously draw a bright line between pollutants and what might be called "natural." That which is natural cannot be a pollutant; that which is a pollutant cannot be natural. It seems odd to speak of live fish as pollutants, as odd as it would be to speak of dioxins as natural. Nevertheless, the traditional definition of fish as natural may be fading as our awareness of the adverse environmental effects of accidental or poorly planned fish introductions increases. Along these lines, a federal court recently found that non-native Atlantic salmon that …

Obesity In America: A Growing Threat, Eileen Salinsky, Wakina Scott

National Health Policy Forum

This background paper seeks to clarify the nature and causes of the obesity epidemic in the United States and provides an overview of the associated economic and health costs. The paper summarizes existing federal programs and policies that address obesity and examines new and emerging policy strategies to battle the bulging American silhouette. Topics explored include population-based prevention, federal food- and nutrition-assistance programs, Medicare and Medicaid payment policies, school health initiatives, and publicly funded biomedical research.

Pharmacogenomics And Indigenous Peoples: Real Issues And Actors, Russel Lawrence Barsh

Cardozo Journal of International and Comparative Law

The article critically examines the ethical and scientific implications of genetic diversity research, particularly focusing on the Human Genome Diversity Project (HGDP). It highlights the tension between advancing scientific knowledge and addressing the ethical concerns of sampling vulnerable populations, such as indigenous and isolated communities. While the research aims to study genetic variation for medical and historical insights, it raises significant issues regarding informed consent, group rights, and the potential exploitation of these populations. The article emphasizes the need for balanced approaches that respect both individual and collective rights while ensuring equitable benefits from genetic research.

The Rhetoric Of Biopiracy, Paul J. Heald

Cardozo Journal of International and Comparative Law

The article critiques the rhetorical strategy of advocates for long-term occupant communities (LTOCs) seeking sui generis intellectual property rights to combat biopiracy. While their goals are admirable, the approach is ineffective due to widespread skepticism towards expanding intellectual property rights. The author argues that market-based solutions and alliances with corporations could better preserve biodiversity and compensate communities.

Books Received, Natural Resources Journal

Natural Resources Journal

No abstract provided.

Whose Precaution After All? A Comment On The Comparison And Evolution Of Risk Regulatory Systems, Jonathan B. Wiener

Duke Journal of Comparative & International Law

No abstract provided.

Inmate Litigation: Results Of A National Survey, Margo Schlanger

Other Publications

Over the summer of 2001, I conducted a survey of jail and prison systems about experiences with civil litigation brought by inmates. Here I report in a preliminary but focused way on those results.

Findings: Since passage of the Prison Litigation Reform Act (PLRA), the federal court civil rights inmate docket has shrunk by 40%. But the results of the survey establish that litigation remains extremely important to correctional administrators and administration. It is clear that agencies continue to respond to the fact and prospect of damage and injunctive actions by seeking to avoid lawsuits, by hiring various kinds of …

Filled Milk, Footnote Four & The First Amendment: An Analysis Of The Preferred Position Of Speech After The Carolene Products Decision, Elizabeth Wallmeyer

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Privacy And The Alaska Constitution: Failing To Fulfill The Promise, Erwin Chemerinsky

Alaska Law Review

No abstract provided.

Doing It Rite: Exploring A Decade Of Health Coverage Innovation (Rhode Island), Jennifer Ryan, Ginger P. Parra

National Health Policy Forum

This site visit to the state of Rhode Island provided an opportunity to experience and understand the decade of health coverage innovation that has resulted in near universal coverage for children. Site visitors had the opportunity to interact with health care providers, state officials, and consumer advocates, as well as other leaders in health care community. The group also visited the Thundermist Health Center in Woonsocket; a school based health clinic at Woonsocket High School; the HELP Lead Safe Center in South Providence; and a local provider, St. Joseph’s Hospital for Specialty Care, that houses several preventive care clinics and …

Rural Women's Land Rights In Java, Indonesia: Strengthened By Family Law, But Weakened By Land Registration, Jennifer Brown

Washington International Law Journal

In Java, Indonesia, only about one-third of land title certificates reflect ownership by women. This lack of registered land ownership can potentially harm women by depriving them of influence within the household and leaving them vulnerable in cases of divorce or a spouse's death. This Article argues that effective land registration mechanisms and legal and social recognition of women's property rights all play a critical role in protecting women's ownership interests. Interviews with landowners and government officials in Java reveal that Indonesia's land registration processes do not effectively advance ownership rights granted under the nation's family law. Despite the government's …

Breaking The Cycle Of Defeat For 'Deadbroke' Noncustodial Parents Through Advocacy On Child Support Issues, Daniel L. Hatcher, Hannah Lieberman

All Faculty Scholarship

The child support system is not serving low-income families well. Custodial parents are not receiving the child support they need. Enforcement of child support for lowincome parents receiving welfare primarily benefits the state because the payments are owed to the government. Low-income noncustodial parents face unrealistically high child support orders and large arrearages take so much of their wages that they cannot support themselves. They go to jail-often recurrently-because they cannot meet their obligations and thereby lose the opportunity to keep a job. Their driver's licenses are suspended because they have not paid their support. To evade this punitive cycle, …

Libertarian Paternalism Is Not An Oxymoron, Richard H. Thaler, Cass R. Sunstein

Public Law and Legal Theory Working Papers

The idea of libertarian paternalism might seem to be an oxymoron, but it is both possible and legitimate for private and public institutions to affect behavior while also respecting freedom of choice. Often people’s preferences are ill-formed, and their choices will inevitably be influenced by default rules, framing effects, and starting points. In these circumstances, a form of paternalism cannot be avoided. Equipped with an understanding of behavioral findings of bounded rationality and bounded self-control, libertarian paternalists should attempt to steer people’s choices in welfare-promoting directions without eliminating freedom of choice. It is also possible to show how a libertarian …

No Other Choice: Litigating And Settling Homeless Education Rights Cases, Ryan J. Dowd

Northern Illinois University Law Review

This pragmatic article, the first exhaustive review of the issue, details how lawyer advocates can help homeless children have access to the education to which they are legally entitled. Topics discussed include: legal background and authority, seeking alternatives to litigation, litigating, settling, after a settlement is reached or a decision occurs, and the future of homeless education rights. Incorporating cases, personal interviews with the attorneys who litigated the cases, settlements, complaints, motions and other non-published court documents, state and federal statutes, state administrative codes, federal and state constitutions, congressional testimony, educational agency reports, law review articles, reports by homeless advocacy …

Review Of "The World Bank, A Case For Aid: Building A Consensus For Development Assistance," By James D. Wolfensohn & Nicolas Stern, Bryan Erickson

The University of New Hampshire Law Review

[Excerpt] "The World Bank’s new book, A Case for Aid: Building a Consensus for Development Assistance, indicates how dramatic and lasting the progress against global poverty has been in the past 50 years. It also shows how dramatically the Bank’s own understanding has risen, even in the past decade, of how to make its efforts more effective in relieving poverty and achieving other development goals. These two themes form the basis for the World Bank’s visionary thesis: that eradicating much of the poverty, ill health, and illiteracy around the world is within reach.

The occasion for pronouncing this message in …