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Articles 1 - 30 of 71
Full-Text Articles in Law
Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy
Child Obesity, School Food Environments And The Best Interests Of The Child, Benedetta Faedi Duramy
Publications
This article is about child obesity, school food, and the key role schools can play in creating environments that can enhance children’s eating patterns and lifestyle behaviours and, thus, can support the realization of children’s best interest in relation to food and health. In contrast to the traditional approach that frames the obesity problem as a personal issue or as a matter of parental responsibility, this article argues that the prevention of child obesity should be interpreted as a State obligation under both international and domestic laws. Analysis turns to the example of the Healthy, Hunger-Free Kids Act, adopted in …
This Book Is Just My Type, Jennifer Babcock
This Book Is Just My Type, Jennifer Babcock
Publications
Jennifer Babcock reviews Typography for Lawyers by Matthew Butterick (2d ed., O'Connor's 2015), 240 pages.
Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz
Playing Favorites? Implicit Bias On The Bench, Michele Benedetto Neitz
Publications
The concept of implicit bias has moved to the forefront of public discussion in the last decade, and many judges have already been trained on this issue. But it is worth considering how a specific type of implicit bias, in-group favoritism, may affect a judge’s everyday decisions.
Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston
Reimagining Icarus: Ethics, Law And Policy Considerations For Commercial Human Spaceflight, Sara M. Langston
Publications
Commercial human spaceflight presents an area for engaging novel human activity and objectives, to include space exploration, entertainment, transportation and extraterrestrial resource acquisition. The inherent dangers and lack of scientific and medical certainty involved however raise interrelated questions of ethics, bioethics, law and public policy. This is particularly the case with spaceflight participant (SFP) screening, selection, and commercial human spaceflight activities where regulations are currently silent or lacking. In the absence of established law, ethics can play an important role by informing industry standards, policies and best practices. Understanding the fundamental ethical values at stake in the application of new …
All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah
All California Companies Should Mind Their Abcs In Classifying Workers, Hina B. Shah
Publications
What is the proper legal standard in determining whether a worker is an employee or an independent contractor under California’s wage and hour laws?
The Viability And Sustainability Of Landlocked States Under International Law Vis-A-Vis Municipal Law: The Case Of South East States Of Nigeria, Christian N. Okeke
The Viability And Sustainability Of Landlocked States Under International Law Vis-A-Vis Municipal Law: The Case Of South East States Of Nigeria, Christian N. Okeke
Publications
This paper has been divided broadly into two parts; the first deals with landlocked independent states under international law while the second part deals with the unique position of Southeast states and what lessons they can learn from the experiences of landlocked states in trying to create, within Nigeria, an economic powerhouse that would not only benefit the region but the country as a whole.
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
Publications
No abstract provided.
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel Ernst
Pluralism Applied: A Concordant Approach To Selecting Contract Rules, Samuel Ernst
Publications
Contract rules can be justified by utilitarian theories (such as efficiency theory), which are concerned with promoting rules that enhance societal wealth and utility. Contract rules can also be justified by rights-based theories (such as promissory and reliance theories), which are concerned with protecting the contractual freedom and interests of the individual parties to the contract. Or, contract rules can be analyzed through the lenses of a host of other theories, including critical legal theory, bargain theory, and so on. Because no single, unitary theory can ever explain the complex body of laws and societal conventions surrounding contracts, the best …
The Future Is Mobile: Financial Inclusion And Technological Innovation In The Emerging World, Eleanor Lumsden
The Future Is Mobile: Financial Inclusion And Technological Innovation In The Emerging World, Eleanor Lumsden
Publications
The digital revolution is in full bloom and technology is being used to solve the world’s most challenging problems, yet traditional banking excludes many of the world’s poorest from taking advantage of the full fruits of the financial system. Especially in developing countries, implementing mobile financial systems can speed financial inclusion and spur economic growth. There is space for regulatory reform that addresses concerns with data security and consumer privacy yet does not stifle innovation. Throughout history, resistance to innovation has generally proved futile, and countries that refuse to change risk missing opportunities.
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
Publications
This Article examines the ways that federal law and federal agencies currently provide a legal basis to keep water instream for California fisheries, and the ways that California water law may be in a position to fill the regulatory gap that may be left if federal water law and federal agencies recede.
Following the introduction, Part I of the Article identifies the different ways that instream flow affects California fisheries. Part II then surveys federal laws and federal agencies that have traditionally supported efforts to keep water instream for California fisheries. In Part III, the Article presents examples of how …
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
Publications
Can a federal court of appeals overrule Supreme Court precedent? Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied. This is how the Court of Appeals for the Federal Circuit has caused an important Supreme Court patent law doctrine to vanish: the reverse doctrine of equivalents, as announced by the Court in the 1898 case Westinghouse v. Boyden Power Brake Co. Hence Westinghouse represents forgotten precedent …
Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel
Training Course On The Greening Of Water Law: Implementing Environment-Friendly Principles In Contemporary Water Treaties And Laws, Paul Stanton Kibel
Publications
This class focuses on how international water law principles relate to the construction and operations of on-stream dams. Within this general focus, the following more specific topics are reviewed: (1) upstream/downstream nation rights and obligations relating to the impoundment and release of water from on-stream dams; (2) effect of on-stream dams on fisheries/aquatic habitat and fishers; (3) international environmental impact assessment obligations relating to the construction and operation of on-stream dams; (4) relation of hydro-electric dams to efforts to reduce greenhouse gas emissions associated with energy production.
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Childhood Obesity And Positive Obligations: A Child Rights-Based Approach, Benedetta Faedi Duramy
Publications
Childhood obesity is one of the most serious current public health challenges. Its prevalence has increased at an alarming rate. The World Health Organization estimated that in 2016 the global number of overweight children under the age of five was over 41 million. Although there is widespread concern about the rising rates of childhood obesity, there is not as much consensus on how to address the problem. Obesity has been mostly considered either a matter of personal responsibility or of parental responsibility when it concerns children. Inadequate attention has been given instead to the obligations borne by States to prevent …
Total Patent Exhaustion!, Samuel F. Ernst
Total Patent Exhaustion!, Samuel F. Ernst
Publications
The exhaustion doctrine generally provides that when a patent holder sells or authorizes another party to sell a patented item, the patent rights in that item are exhausted, and the patent holder cannot pursue that product down the stream of commerce to demand royalties from each party that subsequently acquires the item. Patent holders have often sought to evade patent exhaustion by drafting licensing agreements attending or authorizing the sale of their patented products that place restrictions on the use of the patented item or otherwise provide that no patent exhaustion has occurred. In Impression Products v. Lexmark, the Supreme …
Forty Years From Fascism: Democratic Constitutionalism And The Spanish Model Of National Transformation, Eric C. Christiansen
Forty Years From Fascism: Democratic Constitutionalism And The Spanish Model Of National Transformation, Eric C. Christiansen
Publications
This Article seeks to understand and evaluate core elements of the past promise and present reality of Spain’s transformation from Francoist dictatorship to modern European democracy. It does this by investigating the role of the 1978 Constitution and the distinctive Spanish Model of relatively peaceful constitutional transformation in facilitating the key legal elements of Spain’s transition to democracy. Following a review of important historical developments related to Spanish constitutionalism in Part I, this Article scrutinizes the process by which Spain transitioned to democracy in the 1970s. Part II focuses particularly on the dominant characteristics of the Spanish Model, which facilitated …
A Year Of Reading, Jennifer Babcock
Rivers That Depend On Aquifers: Drafting Sgma Groundwater Plans With Fisheries In Mind, Paul Stanton Kibel, Julie Gantenbein
Rivers That Depend On Aquifers: Drafting Sgma Groundwater Plans With Fisheries In Mind, Paul Stanton Kibel, Julie Gantenbein
Publications
Guidebook on rivers that depend on aquifers. Published by the Center on Urban and Environmental Law.
Also available at: https://ggucuel.org/fisheries.
A Brief History Of Anglo-Western Suicide: From Legal Wrong To Civil Right, Helen Y. Chang
A Brief History Of Anglo-Western Suicide: From Legal Wrong To Civil Right, Helen Y. Chang
Publications
This article will examine the history of suicide from antiquity, where certain types of self-killing were socially acceptable, to its evolution as a criminal wrong and its modern reincarnation as a moral and legal right. In the early Common Era, suicide was not a criminal wrong, but with the spread of Christianity, suicide became illegal. In the present day, a growing minority of states have legalized some forms of suicide or self-killing. In 2018, six states and the District of Columbia had legalized some form of physician-assisted suicide: California, Colorado, District of Columbia, Montana, Oregon, Vermont, and Washington. Twenty-three states …
Access To Justice For Four Billion: Urban And Environmental Options And Challenges, Colin Crawford
Access To Justice For Four Billion: Urban And Environmental Options And Challenges, Colin Crawford
Publications
This Article proceeds in five parts. Part I considers four prominent theories on the meaning of "access to justice." To be sure, the lines and divisions between these positions are in practice less rigid than this text will at times suggest. Nonetheless, the four approaches are sufficiently different from one another to justify a critical evaluation. Part I therefore undertakes to provide such an evaluation of these different proposals. In this, Part I seeks to assess the strengths and weaknesses of the different proposals with respect to the search for answers to some of the questions related to what "access …
Case Study 2: Advising Governance Structures, Marci Seville, Bruce A. Green
Case Study 2: Advising Governance Structures, Marci Seville, Bruce A. Green
Publications
This case study is part of the Movement Lawyering Roundtable Symposium.
This symposium presents case studies of the often difficult ethical and tactical issues confronted by lawyers for social justice movements. These case studies were developed by the pairing of movement lawyers with legal ethicists and enriched by the discussions at the Movement Lawyering Ethics Roundtable. They seek to provide guidance to lawyers facing these recurrent issues. This issue also includes an essay entitled "rebuilding the Ethical Compass of the Law" and reading guides with selected bibliographies.
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Dethroning The Hierarchy Of Authority, Amy J. Griffin
Publications
The use of authority in legal argument is constantly evolving—both the types of information deemed authoritative and their degree of authoritativeness—and that evolution has accelerated in recent years with dramatic changes in access to legal information. In contrast, the uncontroversial and ubiquitous “hierarchy of authority” used as the cornerstone for all legal analysis has remained entirely fixed. This article argues that the use of the traditional hierarchy as the dominant model for legal authority is deeply flawed, impeding a deeper understanding of the use of authority in legal argument. Lawyers, judges, and academics all know this, and yet no scholarly …
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Corporations As Conduits: A Cautionary Note About Regulating Hypotheticals, Douglas M. Spencer
Publications
No abstract provided.
What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe
What A Technical Services Librarian Wants Their Library Director To Know, Georgia Briscoe
Publications
Promoting the value of technical services librarians in the digital age.
That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak
That Was Close! Reward Reporting Of Cybersecurity “Near Misses”, Jonathan Bair, Steven M. Bellovin, Andrew Manley, Blake Reid, Adam Shostak
Publications
Building, deploying, and maintaining systems with sufficient cybersecurity is challenging. Faster improvement would be valuable to society as a whole. Are we doing as much as we can to improve? We examine robust and long-standing systems for learning from near misses in aviation, and propose the creation of a Cyber Safety Reporting System (CSRS).
To support this argument, we examine the liability concerns which inhibit learning, including both civil and regulatory liability. We look to the way in which cybersecurity engineering and science is done today, and propose that a small amount of ‘policy entrepreneurship’ could have substantial positive impact. …
The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal
The Evolution Of Entrepreneurial Finance: A New Typology, J. Brad Bernthal
Publications
There has been an explosion in new types of startup finance instruments. Whereas twenty years ago preferred stock dominated the field, startup companies and investors now use at least eight different instruments—six of which have only become widely used in the last decade. Legal scholars have yet to reflect upon the proliferation of instrument types in the aggregate. Notably missing is a way to organize instruments into a common framework that highlights their similarities and differences.
This Article makes four contributions. First, it catalogues the variety of startup investment forms. I describe novel instruments, such as revenue-based financing, which remain …
The First Queer Right, Scott Skinner-Thompson
The First Queer Right, Scott Skinner-Thompson
Publications
Current legal disputes may lead one to believe that the greatest threat to LGBTQ rights is the First Amendment’s protections for speech, association, and religion, which are currently being mustered to challenge LGBTQ anti-discrimination protections. But underappreciated today is the role of free speech and free association in advancing the well-being of LGBTQ individuals, as explained in Professor Carlos Ball’s important new book, The First Amendment and LGBT Equality: A Contentious History. In many ways the First Amendment’s protections for free expression and association operated as what I label “the first queer right.”
Decades before the Supreme Court would …
Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin
Rethinking The Boundaries Of "Criminal Justice", Benjamin Levin
Publications
This review of The New Criminal Justice Thinking (Sharon Dolovich & Alexandra Natapoff, eds.) tracks the shifting and uncertain contours of “criminal justice” as an object of study and critique.
Specifically, I trace two themes in the book:
(1) the uncertain boundaries of the “criminal justice system” as a web of laws, actors, and institutions; and
(2) the uncertain boundaries of “criminal justice thinking” as a universe of interdisciplinary scholarship, policy discourse, and public engagement.
I argue that these two themes speak to critically important questions about the nature of criminal justice scholarship and reform efforts. Without a firm understanding …
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
(At Least) Thirteen Ways Of Looking At Election Lies, Helen Norton
Publications
Lies take many forms. Because lies vary so greatly in their motivations and consequences (among many other qualities), philosophers have long sought to catalog them to help make sense of their diversity and complexity. Legal scholars too have classified lies in various ways to explain why we punish some and protect others. This symposium essay offers yet another taxonomy of lies, focusing specifically on election lies — that is, lies told during or about elections. We can divide and describe election lies in a wide variety of ways: by speaker, by motive, by subject matter, by audience, by means of …
Technological Rights Accretion, Kristelia A. García
Technological Rights Accretion, Kristelia A. García
Publications
No abstract provided.
The Economics Of American Higher Education In The New Gilded Age, Paul Campos
The Economics Of American Higher Education In The New Gilded Age, Paul Campos
Publications
No abstract provided.