Digital Commons Network^™

Peanut-Free Buffer Zones: Has The Department Of Transportation Gone Nuts, Kari Mcwilliams

Journal of Air Law and Commerce

No abstract provided.

The Judiciary And Public Choice, Frank B. Cross

UC Law Journal

Professor Cross challenges the conclusion of many Public Choice theorists that government's judicial branch is more amenable to making good public policy than the legislative or executive branches. These theorists' conclusion is based partly on the notion that lawmakers, perennially concerned about funding reelection campaigns, are more susceptible to narrow special interests than are life-tenured judges. Professor Cross points out, however, that this conclusion ignores aspects of the structure of the judiciary that lend it to manipulation by special interests at the expense of the public interest. Special interests can exercise control over public policy through the judiciary in a …

Substantive Due Process, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Damned To The Inferno? A New Vision Of Lawyers At The Dawning Of The Millennium, Robert J. Cosgrove

Fordham Urban Law Journal

This Article seeks to explain the negative perception the legal profession and lawyers have in the eyes of the American public. Disregarding common answers such as the disproportionate amount of influence lawyers have or high salaries and extravagant lifestyles, this Article argues that a cultural shift has led many Americans to see the law as an arbitrary device. Consequently, this belief is reinforced by lawyers and and perpetuated by law schools, leading to the negative perception of the legal profession. In the process, the Article addresses five main issues: the definition and purpose of the law, the republican theory of …

Regulation Of Dietary Supplements: Five Years Of Dshea, Laura A.W. Khatcheressian

Law Faculty Publications

On October 25, 1994, President Clinton signed into law the Dietary Supplement Health and Education Act (DSHEA),2 passed unanimously by both houses of Congress. This law radically changed the regulatory landscape for the sale and labeling of dietary supplements, restricting the Food and Drug Administration's (FDA's) authority in certain ways, and encouraging the sale of dietary supplements, including vitamins, minerals, herbs, botanicals, and amino acids.

This article examines DSHEA and discusses current FDA attempts to regulate dietary supplements. Part II provides a brief background and discusses FDA's concerns and attitude toward dietary supplements before the passage of DSHEA. Part III …

James V. Fernstrom : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

No abstract provided.

The Housing Crisis Facing Low Income Families, César E. Torres

Seton Hall Law Review

No abstract provided.

The Animal Welfare Act: All Bark And No Bite, Carole Lynn Nowicki

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Changing The Face Of Death: Amendments To The Florida Statutes, Jennifer Pender

Nova Law Review

No abstract provided.

Mclibel, David J. Wolfson

Animal Law Review

In 1991, McDonald's sued two pro se defendants in England for defamation in relation to, among other things, allegations that McDonald's was culpably responsible for cruel common farming practices. The case took seven years and the appeals still continue, Though McDonald's spent over $16 million on legal representation and had significant legal advantages, it lost major portions of the case, including the issue of animal cruelty. Mr. Molfson discusses the background and holding of "MeLibel" in relation to cruel common farming practices, its unique legal context, and the impact of the holding on animal law in general and state anti-cruelty …

Winning Isn't Everything…It's The Only Thing: A Critique Of Teenaged Girls' Participation In Sports, Eryn M. Doherty

Marquette Sports Law Review

No abstract provided.

"Risky Business": Epa Decision-Making In The Screening Of Biotechnology Products, Nuno M. Santos

Fordham Environmental Law Review

No abstract provided.

Searching For The Holy Grail: The Human Genome Project And Its Implications , Allison Morse

Journal of Law and Health

This Paper will explore the ethical considerations of the reductionist paradigm that the Human Genome Project represents, and analyze how this paradigm affects our political institutions, our family relationships, and even our identity. Part Two will provide the scientific background for a discussion of the Human Genome Project. It will begin by defining two competing theoretical constructs scientists use when exploring biological phenomenon: reductionism and organism. This Part will then offer a rudimentary explanation of how genes function. Yet even this rudimentary explanation illustrates the complexity involved in the functioning of genes, leaving the reductionist notions of genes as the …

Steven C. Davis V. Lee Ritter, Susan Ritter And Darwin C. Fisher : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM THE FOURTH JUDICIAL COURT, UTAH COUNTY STATE OF UTAH THE HONORABLE JUDGE GARY D. STOTT

Steven C. Davis V. Lee Ritter, Susan Ritter, Et Al. : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from the Fourth Judicial District Court, Utah County Honorable Gary D. Stott

Marion Montoya V. Utah Department Of Health Division Of Health Care Financing : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from Final Agency Order entered May 24,1999, by the Director of the Division of Health Care Financing, Utah Department of Health, adopting the Recommended Decision of the administrative law judge to place the Appellant's name on the State Nurse Aid Registry for physical and mental abuse.

The Mcs Controversy: Admissibility Of Expert Testimony Regarding Multiple Chemical Sensitivity Syndrome Under The Daubert Regime, Amy B. Spagnole

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Women And The Internet, Carlin Meyer

Articles & Chapters

No abstract provided.

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, James R. Creekmore

University of Richmond Law Review

During the past year, the United States Supreme Court, in two decisions of significance, refused to summarily censure conduct having legitimate, procompetitive benefits. In similar fashion, the United States Court ofAppeals for the Fourth Circuit continued to scrutinize antitrust claims, rejecting those failing to measure up to pleading and proof requirements, while also reaffirming the vitality of the state action immunity doctrine as a bar to those that did. Meanwhile, Virginia's federal district courts grappled with time worn conspiracy challenges to medical staff privileging decisions, while simultaneously forging new ground in one of the first cases to consider market definition …

Are Swap Agreements Securities Or Futures: The Inadequacies Of Applying The Traditional Regulatory Approach To Otc Derivatives Transactions, Willa E. Gibson

Akron Law Faculty Publications

This Article contends that the classification of swap agreements as securities or futures is inappropriate given that the OTC derivatives market is a wholly different market than the ones for which securities and commodities laws were devised. Part II provides an overview of the swaps market. Part III discusses the jurisdictional problems between the SEC and CFTC regarding derivatives. Part IV examines whether swap transactions are securities. Part V examines whether swap transactions are futures contracts. Part VI surveys the exemption of swaps from CFTC authority. Part VII discusses the public policy goals in the OTC derivatives market, including what …

Modes Of Regulatory Enforcement And The Problem Of Administrative Discretion, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Judicial Review Of Fda Preemption Determinations, Amanda Frost

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Transnational Critical Race Scholarship: Transcending Ethnic And National Chauvinism In The Era Of Globalization, Ibrahim J. Gassama

Michigan Journal of Race and Law

Eric Yamamoto's article, Critical Race Praxis: Race Theory and Political Lawyering Practice in Post-Civil Rights America, brings a needed perspective to scholarship seeking to place domestic social justice struggles within the context of a broader and more complex mix of forces at play. While Yamamoto does not highlight a critical transnational perspective in this particular article, he writes from a perspective that presumes transnational analysis is essential in making sense of the socio-economic and political forces affecting our lives as individuals and members of multiple, intersecting communities. The local, the national, and the international are inextricably bound and present …

Illuminating The Possible In The Developing World: Guaranteeing The Human Right To Health In India, Sheetal B. Shah

Vanderbilt Journal of Transnational Law

This Note argues that the recognition of the social right to health offers a step forward in empowering individuals to gain control over their social environments in the developing world. Part II discusses the potential of social human rights to alleviate suffering in the developing world. Social human rights recognize that the state must provide individuals with the basic social conditions necessary to live with human dignity. Part III explores the legal obligations of social rights and their current status in human rights jurisprudence. It also discusses the most pressing challenges facing implementation of social rights at the national level. …

What Spending Clause? (Or The President's Paramour): An Examination Of The Views Of Hamilton, Madison, And Story On Article I, Section 8, Clause 1 Of The United States Constitution, Jeffrey T. Renz

Faculty Law Review Articles

This article tests three interpretations of the General Welfare Clause that persisted prior to the U.S. v. Butler decision against the text of the Constitution and discusses historical conditions that add to the understanding of that clause of the U.S. Constitution. Specifically, the author examines: the "strong" Hamiltonian interpretation, the Madison interpretation, and the "weak" Hamiltonian or Story interpretation. The author concludes that in the course of testing each hypothesis, a surprising conclusion was reached: all interpretations failed to survive.

A Proposed Defense To Patent Infringement, Alfonso Garcia Chan

Computer Law Review and Technology Journal

The American patent system is a major catalyst for technological progress and economic growth. In most cases, the system works well to achieve those ends. In rare but significant circumstances, however, the patent system can be manipulated to suppress technological progress. Unlike patent rights in other nations, the American patent grant is a negative right to exclude others. Thus, the patent owner need not practice or license others to practice the invention. Indeed, a patent owner has the right to do nothing for the lifetime of the patent. A patent owner's lack of action, however, could prevent progress in a …

Saving Trees And Saving Time: Researching Environmental Law On The Internet, Jennifer Hodgkins

Computer Law Review and Technology Journal

Conducting research on environmental law typically involves using federal and state statutes, administrative regulations, caselaw, law reviews, journals, and other resources in highly technical and scientific areas. Many of these resources are now available on the Internet, enabling lawyers to take advantage of free and convenient access to information. This paper focuses on sites specifically pertaining to environmental law; it will not address more general sites that provide statutes, administrative regulations, and caselaw. Internet sites that may be useful to environmental lawyers are grouped into the following twelve categories:

(1) Federal Government Agencies (page 38)

(2) Texas Government Agencies (page …

Creating The 'Portable' Guardianship: Legal And Practical Implications Of Probate Court Cooperation In Interstate Guardianship Cases, Charlene D. Daniel, Paula Hannaford-Agor

Faculty Publications

In this article, we discuss the legal and practical issues associ­ated with interstate guardianships--that is, those guardianships in which the ward has ties to more than one state. Part I addresses these issues in the context of jurisdictional questions, securing nec­essary information, judicial monitoring and enforcement of guardi­anship orders, and property management. Part II proposes some modest solutions to these problems, many borrowed from other ar­eas of law (e.g., child support enforcement, child custody determinations, enforcement of civil protection orders, involuntary civil commitment).

This abstract has been taken from the authors' introduction.

Lost Fidelities, Barry Cushman

Journal Articles

Owen Roberts was accused of a variety of things in 1937, but “fidelity” was not among them. Justice Harlan Fiske Stone and Professor Felix Frankfurter were among many who accused Roberts of performing, as Frankfurter put it, a jurisprudential “somersault” “incapable of being attributed to a single factor relevant to the professed judicial process.” To Frankfurter, it was “all painful beyond words,” and gave him “a sickening feeling which is aroused when moral standards are adulterated in a convent.” Yet when Roberts announced his retirement from the Court eight years later, Chief Justice Stone, along with now-Justices Frankfurter and Robert …