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Articles 1 - 30 of 72
Full-Text Articles in Law
Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub
Bots, Bias And Big Data: Artificial Intelligence, Algorithmic Bias And Disparate Impact Liability In Hiring Practices, Mckenzie Raub
Arkansas Law Review
No abstract provided.
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Arkansas Law Review
No abstract provided.
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Arkansas Law Review
No abstract provided.
Food Sustainability In The Age Of Complex, Global Supply Chains, Steph Tai
Food Sustainability In The Age Of Complex, Global Supply Chains, Steph Tai
Arkansas Law Review
Food production has become more complex over time. Moreover, we are producing food in an increasingly global, rather than local, manner. How can demands for sustainability be reinforced in this age of complex, global supply chains? This essay focuses on three key features of the modern food supply chain: the variety of components, the complexity of the chain itself, and diversity of “enforcement” mechanisms in food production supply chains. These features suggest that traditional governmental tools (such as command and control measures) and contractual tools (such as performance standards) may not be sufficient to ensure sustainable production methods.
Board Rooms And Jail Cells: Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin
Board Rooms And Jail Cells: Assessing Ngo Approaches To Private Environmental Governance, Joshua Ulan Galperin
Arkansas Law Review
No abstract provided.
Contracting For Sustainable Surface Management, Tara Righetti
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
No abstract provided.
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Arkansas Law Review
The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …
Medical Malpractice Compensation Reform, Ruby Dean
Medical Malpractice Compensation Reform, Ruby Dean
Political Science Undergraduate Honors Theses
Tort reform legislation is a topic that has been discussed and studied heavily in the states of Texas and California. This is because it has been claimed that these states have had success in bringing more doctors into the states. This thesis studies those states, as well as the state of Arkansas. It examines Arkansas because tort reform legislation was an issue brought up in the most recent election in November 2018 in that state. Although Arkansas’ tort reform ballot measure was removed from the ballot by the Supreme Court of Arkansas, a similar measure could still be brought forth …
Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail
Rights In A Cloud Of Dust: The Value And Qualities Of Farm Data And How Its Property Rights Should Be Viewed Moving Forward, Zachary R. Trail
Arkansas Law Review
Historically, technology growth has been slower in agriculture than other industries. However, a rising demand for food and an increase in efficient farm practices has changed this, leading to a rise in precision farming technologies. Now, entities that provide services or information to farmers need precision farming technologies to compete, and more farmers are adopting precision farming technologies. These technologies help farmers, but questions still remain about ownership rights in the data that farmers create.
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Admission Of Deaf Soldiers To The Military: Rethinking The "Undifferentiated Soldier" Paradigm, Michael Schwartz
Arkansas Law Review
Keith Nolan, a deaf man with undergraduate and graduate degrees, asked to be admitted to military training to become a uniformed American soldier. The military said no, and the issue was joined. Nolan’s application presents the Department of Defense (DOD) with an opportunity to reconsider its historical bar to people who are deaf. The Article suggests a new paradigm in thinking about the selection criteria used to screen out deaf applicants for military service, a paradigm rooted in a disability studies framework. With a few exceptions in the Civil War, the United States armed forces have barred people with disabilities, …
Moral Context And Risks Of Death, Dov Waisman
Moral Context And Risks Of Death, Dov Waisman
Arkansas Law Review
When an industry poses a risk of premature death to consumers, workers, or others, regulatory agencies employ a figure known as the “value of a statistical life” (VSL) to monetize the life-saving benefit of regulations designed to reduce that risk. Use of the VSL, which currently hovers around $9 million, has been highly controversial. While a number of prominent scholars have vigorously endorsed the VSL as necessary to the cost-benefit analysis of mortality risk regulations, other prominent scholars have vehemently rejected the very idea of attaching a monetary value to a statistical human life. This article stakes out a novel …
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Employment By Design: Employees, Independent Contractors And The Theory Of The Firm, Richard R. Carlson
Arkansas Law Review
Employment laws protect “employees” and impose duties on their “employers.” In the modern working world, however, “employee” and “employer” status is not always clear. The status of some workers and the firms they serve can be ambiguous, especially when the workers work as individuals not organized as firms. Individual workers might be “employees,” but they might also be self-employed individuals working as “independent contractors.” Even if it is clear that workers are someone’s “employees,” the identity of the employer can be unclear. If one firm pays “employees” to work mainly or exclusively for another firm that pays the first firm …
What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky
What Does Law Have To Do With It? The Jury's Role In Cases Alleging Violations Of Law, Custom And Standards, Barbara Kritchevsky
Arkansas Law Review
Rules telling people how to act come from many sources. Statutory law governs a wide range of conduct—driving an auto-mobile, operating a business, building a home. Non-governmental standards reach just as far. Individuals run their businesses in accordance with the law, but also by observing professional standards and industry customs. A hotel owner might look to state or local law to determine how to fence the hotel pool or whether to have a lifeguard on duty. The owner might also decide what to do by looking to industry customs or non-govern-mental safety guidelines, such as those a private body has …
Incapacity And The Infancy Illation, Ralph C. Brashier
Incapacity And The Infancy Illation, Ralph C. Brashier
Arkansas Law Review
As the population of elderly Americans swells in coming decades, growing numbers of citizens will experience some degree of cognitive incapacity and require the assistance of surrogate decision-makers. Consequently, the decisions of guardians, conservators, and agents will become increasingly important. Experts have frequently noted that, despite modern reforms, doctrines concerning surrogate decision-making are problematic and often do not result in outcomes that maximize autonomy and promote respect for the unique personhood of the adult with diminished capacity. Unlike other writings that seek to refashion or clarify surrogate decision-making statutes and standards, this Article suggests that a more fundamental problem lies …
Food Localization: Empowering Community Food Systemsthrough The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin
Food Localization: Empowering Community Food Systemsthrough The Farm Bill, Brian Albert Fink, Alexandra Oakley Schluntz, Joshua Ulan Galperin
Journal of Food Law & Policy
More diverse and value-driven public engagement has transformed the American food system. This engagement has changed the behavior of industries, consumers, policymakers, and communities. At the heart of this change is the drive among countless individuals and organizations to promote a wider variety of food choices and shape the food system in harmony with their values. Despite the local and sovereign nature of this engagement, federal food and agricultural policies have contributed substantially to this transformation of the American food system. In isolation, many of these policies support discrete programs and individuals. In the aggregate, these policies strengthen different facets …
The End Of The Ramen Diet:Higher Education Students And Snap Benefits, Erika M. Dunyak
The End Of The Ramen Diet:Higher Education Students And Snap Benefits, Erika M. Dunyak
Journal of Food Law & Policy
Americans joke that college students have so little money that they subsist on 10 cent packs of ramen. Statistically, college students face much higher rates of food insecurity than the general population and the situation is particularly dire for students of color. Much has been written on this area in recent months and years and many commentators are seeking to denormalize poverty, hunger, and the “freshman 15” on campuses. This article will look to a solution for this hungry and often neglected population. In 2010, the Health, Hunger-Free Kids Act (HHFKA) reauthorized the Federal School Lunch Program. HHFKA contained several …
Strengthening The National Organic Program With Stateorganic Programs, Kelly Damewood
Strengthening The National Organic Program With Stateorganic Programs, Kelly Damewood
Journal of Food Law & Policy
With an increasing amount of organic imports and steady growth in the organic sector, the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP) needs additional enforcement resources to oversee a growing and evolving organic marketplace. California has the most efficient, robust organic enforcement in the U.S. because it has a state-administered organic enforcement program, the California State Organic Program (SOP). Based on the costs and benefits of the SOP, additional state organic programs are a viable means to increasing NOP enforcement resources when they are established in states where additional enforcement adds value to the state’s organic sector, organic …
The Snap Sugar-Sweetened Beverage Debate: Restrictingpurchases To Improve Health Outcomes Of Low-Incomeamericans, Nicole E. Negowetti
The Snap Sugar-Sweetened Beverage Debate: Restrictingpurchases To Improve Health Outcomes Of Low-Incomeamericans, Nicole E. Negowetti
Journal of Food Law & Policy
The Supplemental Nutrition Assistance Program (SNAP) is a highly effective government program that reduces poverty and improves food security for millions of our country’s most vulnerable families. Amid threats of budget cuts to this critical program in the 2018 Farm Bill, advocates representing various interests have banded together in support of this vital program. However, the issue of restricting the purchase of sugar-sweetened beverages (SSB) with SNAP benefits has divided anti-hunger and public health advocates. While public health and medical officials support the idea of restrictions on junk food, arguing that SNAP should improve health and nutrition, not contribute to …
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Proactive Policies: Building The Farm Bill Of The Futurethrough New Collaborations And Perspectives, Jennifer Zwagerman
Journal of Food Law & Policy
The Farm Bill highlights both one of the great divides in our political process, as well as one of the most beneficial partnerships in politics. Historically, partnerships between rural and urban have been key to successful passage of the Farm Bill. However, calls to divide nutrition support and agricultural support programs continue, and there are increasingly diverse viewpoints regarding agricultural programs. To build the Farm Bill of the future, one that is comprehensive and addresses the needs of not just producers, but ultimately everyone impacted by this Bill, there needs to be a broader coalition of partnerships and voices involved …
Insuring A Future For Small Farms, Mary Beth Miller, D. Lee Miller
Insuring A Future For Small Farms, Mary Beth Miller, D. Lee Miller
Journal of Food Law & Policy
Congress created Whole Farm Revenue Protection (WFRP) in the 2014 Farm Bill to provide small, diversified, and organic operations with an insurance product tailored to their unique needs. The program stands out from other federal crop insurance programs with its blend of features that, inter alia, incentivize risk management through crop/animal diversification, increase premium subsidies for beginning producers, allow organic price elections, and recognize on-farm processing expenses. For the farmers who use it, WFRP provides more than peace of mind in the face of unpredictable weather and prices. It provides a revenue guarantee that opens up critical financing channels otherwise …
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
A Farm Bill To Help Farmers Weather Climate Change, Peter H. Lehner, Nathan A. Rosenberg
Journal of Food Law & Policy
The Farm Bill has an enormous impact on climate change. Greenhouse gas emissions from agriculture account for almost 10 percent of total U.S. emissions and up to a quarter of all emissions globally. The Farm Bill encourages the use of carbon-intensive agricultural practices and products responsible for these emissions, but nonetheless offers several opportunities to quickly expand carbon sequestration, making it a critical piece of climate legislation. This essay will examine the climate impact of the Farm Bill, focusing on the commodity, conservation, and crop insurance programs. It then proposes politically feasible changes to these programs aimed at minimizing agricultural …
Building Indian Country’S Future Through Food, Agriculture,Infrastructure, And Economic Development In The 2018 Farmbill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Building Indian Country’S Future Through Food, Agriculture,Infrastructure, And Economic Development In The 2018 Farmbill, Janie Simms Hipp, Colby D. Duren, Erin Parker
Journal of Food Law & Policy
With the potential of approximately $1 trillion in spending over 10 years in rural America, the U.S. Department of Agriculture (USDA) programs authorized by the Farm Bill have the ability to build and support thriving economies in rural America. Nowhere is this potential greater, or needed, than in rural Tribal communities. This paper will examine why the unique circumstances of Tribal governments, individual Native American food producers, and Tribal citizens necessitate changes in several USDA programs to serve Indian Country. Further, it will review several policy changes in various titles of the next Farm Bill reauthorization that will help empower …
The Fate Of Industrial Hemp In The 2018 Farm Bill – Will Our Collective Ambivalence Finally Be Resolved?, Marne Coit
The Fate Of Industrial Hemp In The 2018 Farm Bill – Will Our Collective Ambivalence Finally Be Resolved?, Marne Coit
Journal of Food Law & Policy
We are at a crossroads in the regulation of industrial hemp, and the 2018 Farm Bill is the time to decide which path we will choose. Congress has an opportunity to clear the path for farmers in the US to participate in this burgeoning market. With an estimated 25,000 uses, industrial hemp is one of those rare crops that has both food and agricultural uses. There is undoubtedly a market for hemp products. The Hemp Industries Association (HIA) estimates that US retail sales of hemp-based products was $688 million in 2016 – up from $573 million in 2015. Under the …
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Cooperation Or Compromise? Understanding The Farm Billas Omnibus Legislation, Margaret Sova Mccabe
Journal of Food Law & Policy
The Farm Bill (the Bill) is the principal driver of U.S. food law and policy. Its substance spans the food system including commodities, conservation, trade, nutrition, credit, rural development, forestry, and energy. These substantive titles command much scholarly analysis yet there is comparatively little review of the law-making process that yields the Bill. Given increased focus on Congress’s ability to use its legislative powers effectively, this essay questions whether the Bill’s traditional treatment as omnibus legislation leads to beneficial coherence or too much compromise in food system policy. Interestingly, disparate stakeholders prioritize maintaining the Bill as omnibus legislation. Some scholars …
School Of Law Faculty And Professional Staff, Journal Editors
School Of Law Faculty And Professional Staff, Journal Editors
Journal of Food Law & Policy
No abstract provided.
Editoral Board, Journal Editors
Contents, Journal Editors
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal Of Food Law & Policy - Spring 2018, Journal Editors
Journal of Food Law & Policy
No abstract provided.
A Commentary On Litigation Involving Uber Technologies, Inc., Catherine Hagemeier
A Commentary On Litigation Involving Uber Technologies, Inc., Catherine Hagemeier
Economics Undergraduate Honors Theses
Uber Technologies, Inc. is a peer-to-peer ridesharing, food delivery, and transportation network managed in San Francisco, California. Travis Kalanick and Garrett Camp developed the idea for the ridesharing app in 2008, after experiencing difficulty hailing a cab. They originally designed the app to be used in major metropolitan areas, but the business inevitably took off; it now operates in 633 cities worldwide. In 2017, Uber claimed that the company earned roughly $7.5 billion in revenue, employed more than 12,000 “independent drivers,” and connected over one billion people (“Finding the Way”). Though widely successful and heralded as a major influencer in …
A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson
A Case Study Of The Umpqua Community College Shooting, Timothy P. Wilson
Graduate Theses and Dissertations
The purpose of this dissertation was to examine the deadliest shooting that has happened on a community college campus. The following research questions guided this dissertation study: (1) What was the law enforcement response to the deadliest community college campus shooting in history? (2) Did previous mass shootings inform the law enforcement response to the deadliest community college campus shooting? (3) What implications for practice can be derived by studying the deadliest of these shootings? This case study utilized multiple sources of information, from official police reports, official institutional reports, archives of publications, and participant interviews from some of the …