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Articles 61 - 90 of 5717
Full-Text Articles in Law
Got Junk? The Federal Role In Regulating “Competitive” Foods, Eileen Salinsky
Got Junk? The Federal Role In Regulating “Competitive” Foods, Eileen Salinsky
National Health Policy Forum
A wide variety of food and beverage items are available in schools in addition to the school meals provided through the National School Lunch Program and School Breakfast Program. A long-standing source of controversy, the need for stronger federal restrictions on foods that compete with school meals is again under debate. This issue brief examines the availability and consumption of competitive foods, explores the regulation of these foods at the federal level, considers trends in state and local restrictions, and summarizes perceived barriers to improving the nutritional quality of competitive food options.
No Free Lunch? Current Challenges Facing The National School Lunch And School Breakfast Programs, Eileen Salinsky
No Free Lunch? Current Challenges Facing The National School Lunch And School Breakfast Programs, Eileen Salinsky
National Health Policy Forum
This background paper describes important characteristics of the National School Lunch Program and the School Breakfast Program, reviews U.S. Department of Agriculture rules regarding the nutritional content of school meals, and examines compliance with current nutrition standards. It also considers the dietary status and obesity risk of meal program participants, discusses proposed improvements to nutritional standards and meal requirements, and highlights key legislative issues.
Home Foreclosures: Will Voluntary Mortgage Modification Help Families Save Their Homes? Part Ii? : Hearing Before The H. Comm. On The Judiciary Subcomm. On Commercial And Administrative Law, 111th Cong., Dec. 11, 2009 (Statement Of Associate Professor Adam J. Levitin, Geo. U. L. Center), Adam J. Levitin
Testimony Before Congress
The results to date from MHAP are deeply disappointing. Even the most optimistic view of HAMP and HARP’s potential would now project the programs as having only a minor impact on the foreclosure crisis. Until and unless the problems of unemployment; negative equity, and servicer capacity, incentives, and contract restrictions are addressed, we are unlikely to see noticeably different results. These issues cannot be addressed within the current structure of HAMP.
Unfortunately, none of the solutions for foreclosures due to unemployment are particularly satisfying, and without addressing unemployment, foreclosures will remain at elevated levels. Bankruptcy presents possible solutions to negative …
Regulatory Theory, Matthew D. Adler
Regulatory Theory, Matthew D. Adler
All Faculty Scholarship
This chapter reviews a range of topics connected to the justification of government regulation, including: the definition of “regulation”; welfarism, Kaldor-Hicks efficiency, and the Pareto principles; the fundamental theorems of welfare economics and the “market failure” framework for justifying regulation, which identifies different ways in which the conditions for those theorems may fail to hold true (such as externalities, public goods, monopoly power, and imperfect information); the Coase theorem; and the different forms of regulation.
Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman
Conflict Of Interest And Disqualification In The Federal Courts: Suggestions For Reform, Arthur D. Hellman
Testimony
Although federal judges do not run for election, over the last three decades the process of nomination and confirmation has become politicized to a disturbing degree. There is a real danger that the judges will come to be perceived not as dispassionate servants of the law but as political actors who pursue political or ideological agendas. One consequence of these developments is likely to be increased scrutiny of judges’ responses to motions to recuse. Here as in other aspects of the operations of the judiciary, “just trust us” is no longer sufficient.
Two provisions of Title 28 of the United …
Interview With Brendan Melley By Brien Williams, Brendan G. Melley
Interview With Brendan Melley By Brien Williams, Brendan G. Melley
George J. Mitchell Oral History Project
Biographical Note
Brendan G. Melley was born on July 3, 1963, in Hartford, Connecticut, to Joseph Melley, Jr. and Rita Murphy Melley. He attended Providence College in Rhode Island and was commissioned to the Infantry in the Army upon graduation, where he served seven years active duty. In 1993, he began working for Booz Allen Hamilton in Washington, DC. He worked for the Defense Intelligence Agency in Washington and then the President’s Foreign Intelligence Advisory Board. In 2000, he worked with Mitchell on the Sharm el-Sheikh International Fact-Finding Committee to support peace and stability in the Middle East. At the …
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Smes, Open Innovation And Ip Management: Advancing Global Development, Stanley P. Kowalski
Law Faculty Scholarship
[Excerpt] Micro-Small-Medium Enterprises (abbreviated herein henceforth as “SMEs”) are global drivers of technological innovation and economic development. Perhaps their importance has been somewhat eclipsed by the mega-multinational corporate entities. However, whereas the corporations might be conceptualized as towering sequoia trees, SMEs represent the deep, broad, fertile forest floor that nourishes, sustains and regenerates the global economic ecosystem.
[. . .]
Broadly recognized as engines of economic and global development, SMEs account for a substantial proportion of entrepreneurial activity in both industrialized and developing countries. Indeed, their role as dynamos for technological and economic progress in developing countries is critical and …
Summary Of Fields V. State,125 Nev. Adv. Op. No. 36, John F. Burns
Summary Of Fields V. State,125 Nev. Adv. Op. No. 36, John F. Burns
Nevada Supreme Court Summaries
This case is an appeal from the Fourth Judicial District Court judgment of conviction of first-degree murder and conspiracy to commit murder. The appellant asserts error in admitting prior bad act evidence, error in excluding witness testimony as inadmissible extrinsic evidence, error in admitting telephone conversations subject to martial privilege, error in instructing the jury on specific intent, and improper argument by the prosecutor in closing argument.
Summary Of Fields V. State, 125 Nev. Adv. Op. No. 57, Kimberly Duque
Summary Of Fields V. State, 125 Nev. Adv. Op. No. 57, Kimberly Duque
Nevada Supreme Court Summaries
Whether the district court abused its discretion in admitting prior bad act evidence because (1) it did not fall within the common-plan-or-scheme exception or because (2) its probative value was substantially outweighed by the danger of unfair prejudice.
Testimony On H.R. 1924, The Tribal Law And Order Act Of 2009 Before The Subcommittee On Crime, Terrorism And Homeland Security United States House Of Representatives, 111th Congress, 1st Session (December 10, 2009), Barbara L. Creel
Faculty Scholarship
Professor Creel testifies that incarceration alone cannot address the problem of crime in Indian Country and advocates for additional funding and greater access to effective substance abuse treatment programs, education and job training, and culturally-based re-entry programs. Creel's testimony also emphasizes that Native American defendants in tribal court should be afforded the right to counsel, including the right of court appointed counsel, and due process of law. Tribal Law and Order Act 2009: Hearing on H.R. 1924 Before the Subcomm. on Crime, Terrorism and Homeland Security, 111th Cong. (2009) (statement of Barbara Creel, Assistant Professor of Law, University of New …
Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin
Summary Of Thompson V. State, 124 Nev. Adv. Op. 59, Stephanie S. Buntin
Nevada Supreme Court Summaries
Appeal from a judgment of conviction by jury of conspiracy to commit a crime, burglary, robbery, first-degree kidnapping, and attempted grand larceny auto.
December 10. 2009: The New Weirdness, Bruce Ledewitz
December 10. 2009: The New Weirdness, Bruce Ledewitz
Hallowed Secularism
Blog post, “The New Weirdness“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Appeal No. 0816: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0816: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2009-46
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Comments On Expanding Civic Participation In Voting By Expanded Use Of The Internet, Candice Hoke
Law Faculty Presentations and Testimony
Hoke's comments to the FCC on expanding civic participation in voting by expanded use of the Internet. Hoke recommends that the FCC not become involved in election regulatory issues concerning the Internet, but will support a different federal regulatory agency with national security and technical-cybersecurity expertise receiving primary jurisdiction over election cybersecurity.
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
A Potent Federal Prosecutorial Tool: Weyhrauch V. United States, James T. Van Strander
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
December 8, 2009: Are Religious Politics “Undemocratic”?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Are Religious Politics “Undemocratic”?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Interview With Jim Mitchell By Andrea L’Hommedieu, James 'Jim' F. Mitchell
Interview With Jim Mitchell By Andrea L’Hommedieu, James 'Jim' F. Mitchell
George J. Mitchell Oral History Project
Biographical Note
James F. “Jim” Mitchell was born on January 4, 1961, in Waterville, Maine, to Robert and Janet Mitchell. Mitchell worked as a teacher and coach in Ellsworth, Maine, and volunteered to work on local legislative races; he also worked on Ken Hayes’s congressional campaign against Olympia Snowe in 1988. He served as the Democratic state chairman during the Clinton administration; in 1994, he resigned as state chairman to run for Congress. Jim Mitchell is a nephew of George Mitchell. At the time of this interview, Jim was a lobbyist in Augusta, Maine, and remained active in politics.
Summary …
Interview With Jason Grumet By Brien Williams, Jason S. Grumet
Interview With Jason Grumet By Brien Williams, Jason S. Grumet
George J. Mitchell Oral History Project
Biographical Note
Jason S. Grumet was born February 25, 1967, in Rochester, New York, to Gerald and Madeleine Grumet. After high school, he spent a year traveling North America through a program with the National Audubon Society Expedition Institute. He received an environmental studies degree from Brown University and then worked for the New York State Department of Environmental Conservation. He attended Harvard Law School and ran an organization that worked for the Northeast State Air Pollution Control officials. At the time of this interview, he was president of the Bipartisan Policy Center.
Summary
Interview includes discussion of: Mitchell and …
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
The Lodestar Ranger: Calculating Attorneys’ Fee Awards In Perdue V. Kenny A., Rebecca Friedman
Duke Journal of Constitutional Law & Public Policy Sidebar
No abstract provided.
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
December 5, 2009: Charles Taylor And The Future Of Secularism, Bruce Ledewitz
Hallowed Secularism
Blog post, “Charles Taylor and the Future of Secularism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Interview With Bob Graham By Brien Williams, Daniel 'Bob' Robert Graham
Interview With Bob Graham By Brien Williams, Daniel 'Bob' Robert Graham
George J. Mitchell Oral History Project
Biographical Note
Daniel Robert “Bob” Graham was born November 9, 1936, in Florida. In 1959 he received a degree in political science from the University of Florida, and he earned a law degree from Harvard University in 1962. He was elected to the Florida House of Representatives in 1966 and to the Florida State Senate in 1970. He served as governor of Florida from 1979-1987 and as U.S. senator from 1987-2005. While in the Senate, he served as chair of the Senate Intelligence Committee. In 2004, he ran unsuccessfully in the Democratic presidential primary race. Since 2005, he has taught …
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg
Publications
No abstract provided.
Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge
Policing The Good Guys: Regulation Of The Charitable Sector Through A Federal Charity Oversight Board, Terri Lynn Helge
Faculty Scholarship
Recently, public confidence in the charitable sector has eroded due to a barrage of media reports on scandals and abuses. The principal parties charged with regulation of the charitable sector, the Internal Revenue Service and state attorneys general, are saddled with bureaucratic constraints that make it difficult to enforce the laws governing the fiduciary responsibilities of charity managers. Substantial reform in the regulation of charitable organizations is necessary to curb the reported abuses that have undermined confidence in the charitable sector.
Some advocate expanding private regulation of the charitable sector to improve enforcement of the fiduciary responsibilities of charitable managers. …
Market Definition, Jonathan Baker, Lawrence White, Eduardo Perez Motta, Joseph Simons
Market Definition, Jonathan Baker, Lawrence White, Eduardo Perez Motta, Joseph Simons
Presentations
The Department of Justice and the Federal Trade Commission (FTC) solicited public comments and held joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquistions. The goal of the workshops was to determine whether the Horizontal Merger Guidelines accurately reflect the current practice of merger review at the Department and the FTC as well as to take into account legal and economic developments that have occurred since the last significant Guidelines revision in 1992.
Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom
Summary Of Ouanbengboune V. State, 125 Nev. Adv. Op. No. 56, Ammon Francom
Nevada Supreme Court Summaries
An appeal from an Eighth Judicial District Court judgment of conviction, pursuant to a jury verdict, of first-degree murder with the use of a deadly weapon and robbery with the use of a deadly weapon.
The Role Of Ombudsmen In Assuring Quality For Residents Of Long-Term Care Facilities: Straining To Make Ends Meet, Carol O'Shaughnessy
The Role Of Ombudsmen In Assuring Quality For Residents Of Long-Term Care Facilities: Straining To Make Ends Meet, Carol O'Shaughnessy
National Health Policy Forum
Assuring quality of care for residents in long-term care facilities has been a serious and continuing concern of policymakers for decades. The Older Americans Act’s long-term care ombudsman program is a consumer advocacy model intended to improve quality of care by helping the 2.5 million residents of almost 67,000 nursing and other residential care facilities resolve complaints about their care and protect their rights. Despite broad recognition of its value in assisting residents and its efforts to complement federal and state oversight of long-term care facilities, some observers are concerned about the program’s ability to meet its legislative mandates. Limited …
December 2, 2009: Is Islam Different?, Bruce Ledewitz
December 2, 2009: Is Islam Different?, Bruce Ledewitz
Hallowed Secularism
Blog post, “Is Islam Different?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
The New Concept Of Loyalty In Corporate Law, Andrew S. Gold
The New Concept Of Loyalty In Corporate Law, Andrew S. Gold
Faculty Scholarship
No abstract provided.
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle
All Faculty Scholarship
This article examines the constitutionality of legislation creating a new form of independent agency – in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered it substantially immune from judicial review, empowered Board members to set their own salaries and budget, and gave the embattled Securities and Exchange Commission – not the President …
No.13 - December 2009, Center Of Civil Law Studies
No.13 - December 2009, Center Of Civil Law Studies
The Center of Civil Law Studies Newsletter
No abstract provided.