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Full-Text Articles in Law

Combating Obesity With A Right To Nutrition, Paul Diller Apr 2013

Combating Obesity With A Right To Nutrition, Paul Diller

Paul Diller

Domestic and international law have, in different ways, recognized a human right to food since the twentieth century. The original reason for this recognition was the need to alleviate a particular type of food insecurity—“traditional” hunger, as manifested in conditions like malnutrition and underweight. The current public-health crisis of obesity, however, demands a reconsideration of this right. The food environment in the United States today is awash in high-calorie, low-nutrient food products that are often cheaper, on a relative basis, than more nutritious foods, leading to the overconsumption of the former by much of the American population. Merely ensuring a …


The Brief History Of "Voter-Owned Elections" In Portland, Oregon: If Public Financing Can't Make It There, Can It Make It Anywhere?, Paul A. Diller Jan 2013

The Brief History Of "Voter-Owned Elections" In Portland, Oregon: If Public Financing Can't Make It There, Can It Make It Anywhere?, Paul A. Diller

Paul Diller

From 2006 to 2010, Portland, Oregon, experimented with a publicly financed campaign system called "Voter-Owned Elections." In 2010, Portland's voters declined to renew the system. This article assesses Portland's experience with public financing and draws lessons therefrom that may inform efforts to promote public financing at the national, state, and local levels.


Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller Jan 2013

Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller

Paul Diller

Local health agencies are often leaders in public health regulation. Despite the significance of this phenomenon, scant scholarship has assessed the interesting doctrinal and normative questions that local agency rulemaking raises. This paper uses local health agency rulemaking, and the New York City portion-cap rule for sugar-sweetened beverages ("the Bloomberg soda rule"), in particular, as a prism through which to analyze local agency rulemaking. The article first explains why it is important -- both doctrinally and practically -- to determine whence local agency power flows. If agencies are created directly by state law, then their powers should be circumscribed by …


The Partly Fulfilled Promise Of Home Rule In Oregon, Paul Diller Jan 2009

The Partly Fulfilled Promise Of Home Rule In Oregon, Paul Diller

Paul Diller

No abstract provided.


When Congress Passes An Intentionally Unconstitutional Law: The Military Commissions Act Of 2006, Paul Diller Jan 2008

When Congress Passes An Intentionally Unconstitutional Law: The Military Commissions Act Of 2006, Paul Diller

Paul Diller

No abstract provided.


Intrastate Preemption, Paul Diller Jan 2007

Intrastate Preemption, Paul Diller

Paul Diller

No abstract provided.


Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller Jan 2001

Integration Without Classification: Moving Toward Race-Neutrality In The Pursuit Of Public Elementary And Secondary School Diversity, Paul Diller

Paul Diller

No abstract provided.