Digital Commons Network^™

Editorial Views: Choosing And Death, Alison Mcchrystal Barnes

Faculty Publications

No abstract provided.

Environmental Hazards: Assessing The Risk To Women, Staci Jeanne Krupp

Fordham Environmental Law Review

No abstract provided.

Enforcing Ecosystem Management Under The Northwest Forest Plan: The Judicial Role, Lauren M. Rule

Fordham Environmental Law Review

No abstract provided.

Hormone Replacement Therapy, Or Just Eat More Meat: The Technological Hare Vs. The Regulatory Tortoise, Leticia M. Diaz

Faculty Scholarship

Is meat with its high fat content the real culprit, or is it the FDA-approved growth hormones, the same hormones that have been rejected in Europe, that should bear the blame? Why is eating less meat associated with a lower incidence of many types of cancer? Could it be chemical overload? American women are about five times more likely to develop breast cancer than are women in less developed countries.

Demographics Of Firearm Injury: Implications For Medical Practice, Thomas M. Scalea, Sharon M. Henry

Journal of Health Care Law and Policy

No abstract provided.

Judicial Lobbying At The Wto: The Debate Over The Use Of Amicus Curiae Briefs And The U.S. Experience, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

The continuing debate over the use of amicus curiae briefs at the World Trade Organization (“WTO”) raises interesting questions about the influence of the U.S. legal system on the WTO dispute settlement process. Specifically, it brings to the surface differences between legal cultures and the fact that the U.S. legal culture with its emphasis on procedure is not readily transferable to the WTO. Comparing the controversy regarding the use of amicus curiae briefs before WTO Panels and the Appellate Body with the history and evolution of the institution of amicus curiae before the U.S. Supreme Court may help explain the …

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

Saginaw Metropolitics, Myron Orfield

Studies

Report

Essay: The Risks Of Going Non-Gmo, Drew L. Kershen

Oklahoma Law Review

No abstract provided.

Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon

UC Law SF Journal on Gender and Justice

The FDA's proposed rule regarding structure/function claims for dietary supplements is intended to give consumers more information about dietary supplements. While "disease claims" are prohibited under the rule, claims that a product affects a structure or function of the body are permissible. However, the distinction between a "disease claim" and a "structure/function claim" ignores the reasons why many consumers turn to dietary supplements. Rather than dispelling confusion surrounding dietary supplements, the proposed rule will only add to it.

The Criminalization Of Medicinal Marijuana, Hastings Women's Law Journal

UC Law SF Journal on Gender and Justice

No abstract provided.

The Cartagena Protocol And Biological Diversity; Biosafe Or Bio-Sorry, Jonathan H. Adler

Faculty Publications

In January 2000, delegates from over 100 nations completed negotiations on an international treaty for the regulation of biotechnology, the Cartagena Protocol on Biosafety. The stated purpose of this protocol is to enhance the protection of biological diversity. Despite its good intentions, there is a mismatch between the protocol's substantive provisions and present threats to biological diversity. The protocol endorses "precautionary" regulation of transboundary shipments of genetically engineered organisms, including crops, so as to reduce the environmental risks that such organisms may pose. The greatest threat to biological diversity is habitat loss, largely driven by the conversion of land for …

Pay Me Fairly, Kathie Lee! The Wto, The Right To A Living Wage, And A Proposed Protocol, J.M. Spectar

NYLS Journal of International and Comparative Law

No abstract provided.

Breaking Through The Silence: Minnesota's Pregnancy Presumption And The Right To Refuse Medical Treatment, Amy Lynn Jerdee

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Furthering The Reforms Of Agricultural Policies In The Milennium Round, Dale E. Mcniel

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Trade And Cattle: How The System Is Failing An Industry In Crisis, Terence P. Stewart, James R. Cannon Jr., Eric P. Salonen, Dennis R. Nuxoll

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

U.S. Dietary Supplement Regulation: Belief Systems And Legal Rules, Michael H. Cohen

UC Law SF Journal on Gender and Justice

This article explores dietary supplement regulation and the belief systems and legal rules that shape it. Part I discusses the key provisions of the federal Dietary Supplement Health and Education Act (DSHEA). Part II examines how DSHEA, philosophically, represents a compromise between extreme medical paternalism (the orthodox view that the FDA should dictate consumer access to dietary supplements) and radical patient autonomy (the liberal view that patients should have unlimited consumer access to dietary supplements). Part II frames the debate in terms of regulatory proposal, policy, values, and belief system. Strong controls in regulation (FDA's paternalistic viewpoint) and weak controls …

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …

Substantial Equivalence: A Valid International Sanitary And Phytosanitary Risk Assessment Objective For Genetically Modified Foods, David L. Devernoe

Case Western Reserve Law Review

No abstract provided.

Discharges To The Streets: Hospitals And Homelessness, Sidney D. Watson

Saint Louis University Public Law Review

No abstract provided.

Reflections On The Future Of Social Justice, Lucia A. Silecchia

Seattle University Law Review

This Address contains remarks made on October 18, 1999 as part of the Dedication Celebration for the Seattle University School of Law.

Symposium: Creative Problem Solving Conference -- Conference Transcript Excerpt -- Session 3: Mobilizing Creative Problem Solvers, Janet Bowermaster

California Western Law Review

No abstract provided.

On The Meaning And Impact Of The Physician-Assisted Suicide Cases, Yale Kamisar

Book Chapters

I read every newspaper article I could find on the meaning and impact of the U.S. Supreme Court's June 1997 decisions in Washington v Glucksberg and Vacco v Quill. I came away with the impression that some proponents of physician-assisted suicide (PAS) were unable or unwilling publicly to recognize the magnitude of the setback they suffered when the Court handed down its rulings in the PAS cases.

Law As Interpretation, Charles W. Collier

UF Law Faculty Publications

In this Article, I shall trace out separate professional narratives in common law, constitutional law, and in legal cases turning on the distinction between community and society (Part III). But first I should like to situate these legal-professional narratives within a broader interdisciplinary framework (Part II).

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

UF Law Faculty Publications

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …

Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol

UF Law Faculty Publications

Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity.

In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race and Resistance. …

Volume 1 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

A Re-Assessment Of Article Xx, Paragraphs (B) And (G), Of Gatt 1994 In The Light Of Growing Consumer And Environmental Concern About Biotechnology, Philip Bentley Q.C.

Fordham International Law Journal

This Essay will seek to explain EU regulatory practice in relation to new technologies, principally GMOs, and to show that the EU should be able to find an approach that meets public concerns while remaining consistent with Article XX, paragraphs (b) and (g). This Essay will also identify those areas where Article XX, in its present form, it likely to be a source of justified public concern.

Corrective Justice And The Revival Of Judicial Virtue, Mark C. Modak-Truran

Journal Articles

Judges must be wise. Sound judicial reasoning requires moral virtue. These sentiments about judging have been lost. They apparently belong to a bygone era. While many advocate self-restraint or prudence as judicial virtues, moral virtue has been conspicuously absent from the list. Except for avoiding obvious vices such as bribery, favoritism, prejudice, sloth, and arbitrariness, conventional wisdom maintains that being a good judge does not require being a good person. Even theorists sympathetic to a relationship between law and morality balk at making moral virtue a prerequisite of judicial decision making. Rather, many contend that judicial decision making is a …

Deconstructing The Framers' Right To Property: Liberty's Daughters And Economic Rights, Barbara Stark

Hofstra Law Review

Deconstruction is a method for exposing hidden assumptions, that which is taken for granted, unquestioned. This Article draws on this method first to explain how the right to property, as understood by the Framers, became the hidden, unquestioned assumption of the Bill of Rights. Second, this Article draws on deconstruction to "unpack" the right to property to reveal the lesser-subsumed economic rights it takes for granted. It argues that the right to property and economic rights are iterations of the same rights, from the perspectives of the "haves" and the "have-nots," respectively. Recent work by women's historians makes it possible …