Reforming The Contested Convention: Rethinking The Presidential Nomination Process,
2016
Barry University School of Law
Reforming The Contested Convention: Rethinking The Presidential Nomination Process, Michael T. Morley
Fordham Law Review
The presidential nomination process could be substantially improved through a few minor tweaks that would reduce unnecessary uncertainty, bolster its democratic underpinnings, and improve the connections among its various components. First, certain fundamental rules governing national conventions should be determined well in advance of the presidential nominating process, before any primaries or caucuses are held or delegates selected, and not be subject to change or suspension at the convention itself. Second, parties should enhance the democratic moorings of their national conventions by requiring presidential candidates to win a greater number of presidential preference votes to be placed into nomination. Third, …
Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?,
2016
Michigan State University, East Lansing
Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card
Journal of Food Law & Policy
Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation …
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?,
2016
Western Michigan University, Lansing
Will Consumers Be In The "Dark" About Labels On Genetically Engineered And Modified Foods?, Hilary Nat
Journal of Food Law & Policy
In the 1900s, the United States began to sell genetically engineered foods. One of the first genetically engineered foods sold in the United States and approved by the Food and Drug Administration (FDA) was the Flavr Savr tomato. The tomato's genetic structure was modified to prevent softening which allowed it to ripen after being picked. In the United States, statistics demonstrate that 92% of com, 94% of soybeans, and 94% of cotton sold is genetically engineered. In addition, it is estimated that 75% of the processed foods sold in supermarkets around the United States contain ingredients that are products of …
Race And Criminal Justice In Canada,
2016
Central Washington University
Race And Criminal Justice In Canada, Charles E. Reasons, Shereen Hassan, Melinda Bige, Christianne Paras, Simranjit Arora
All Faculty Scholarship for the College of the Sciences
The relationship between race and crime has long been a subject of study in the United States; however, such analysis is more recent in Canada. A major factor impeding such study is the fact that racial/ethnic data are not routinely collected and available in Canada, unlike the United States. The collection of such data would arguably undermine the multi-cultural mosaic of Canada as a place of acceptance and tolerance. However, the lack of such data bellies research suggesting that race plays a role in the Canadian criminal justice system. Using available, albeit, limited research studies and their data, the role …
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice,
2016
Barry University School of Law
Pulse: Finding Meaning In A Massacre Through Gay Latinx Intersectional Justice, Judith E. Koons
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century,
2016
Florant Law Group, LLC
A Chance For Positive Change: Exploring The Legal Hurdles Putative Fathers Face In The 21st Century, Shamala Florant
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer,
2016
Travis County Attorney's Office
Exploring The Conflicts Within Carceral Feminism: A Call To Revocalize The Women Who Continue To Suffer, Krishna De La Cruz
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges,
2016
American Bar Association
Responding To Judicial And Lawyer Misconduct: Analyzing A Survey Of State Trial Court Judges, Peter M. Koelling
St. Mary's Journal on Legal Malpractice & Ethics
While reported cases or incidents may give us insight into the interpretation of Rule 2.15 of the Model Code of Judicial Conduct, they do not give us a sense of how often judges undertake the obligation to act under the rule. The Judicial Division of the American Bar Association developed a survey to explore the interpretation and the implementation of Rule 2.15 of the Model Code of Judicial Conduct, and to determine how and in what manner state trial court judges responded to ethical violations by lawyers and other judges. The survey looked back over a ten-year period and was …
Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy,
2016
University of Arkansas, Fayetteville
Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy, Larry D. Treat
Journal of Food Law & Policy
In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called …
2016 China Food Law Update,
2016
University of California, Los Angeles
2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin
Journal of Food Law & Policy
This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …
The Pet Keeping Industry In The American City,
2016
University at Buffalo School of Law
The Pet Keeping Industry In The American City, Irus Braverman
Journal Articles
Two years ago, my now nine-year-old daughter decided that she, too, wants in on the American dream. A family without a dog is incomplete, so the dominant narrative around us seems to dictate – and that narrative was readily picked up by my daughter and, subsequently, by her younger sister as well. The pressure is now fully on for us to “adopt” a dog who would fill our days with laughter and fun. A dog who would make us belong. Despite my initial urge to satisfy my daughters’ passionate desire, I cannot help but to contemplate the broader role of …
Rethinking Presidential Eligibility,
2016
George Mason University
Rethinking Presidential Eligibility, Eugene D. Mazo
Fordham Law Review
Many aspiring American Presidents have had their candidacies challenged for failing to meet the Constitution’s eligibility requirements. Although none of these challenges have ever been successful, they have sapped campaigns of valuable resources and posed a threat to several ambitious men. This Article examines several notable presidential eligibility challenges and explains why they have often been unsuccessful. The literature on presidential eligibility traditionally has focused on the Eligibility Clause, which enumerates the age, residency, and citizenship requirements that a President must satisfy before taking office. By contrast, very little of it examines how a challenge to one’s candidacy impacts a …
“Natural Born” Disputes In The 2016 Presidential Election,
2016
Pepperdine University School of Law
“Natural Born” Disputes In The 2016 Presidential Election, Derek T. Muller
Fordham Law Review
The 2016 presidential election brought forth new disputes concerning the definition of “natural born Citizen.” The most significant challenges surrounded the eligibility of Senator Ted Cruz, born in Canada to a Cuban father and an American mother. Unlike challenges to President Barack Obama’s eligibility, which largely turned on conspiratorial facts, challenges to Cruz’s eligibility turned principally on the law and garnered more serious attention concerning a somewhat cryptic constitutional clause. Understandably, much attention focused on the definition of “natural born citizen” and whether candidates like Cruz qualified. Administrative challenges and litigation in court revealed deficiencies in the procedures for handling …
Does The Constitution Provide More Ballot Access Protection For Presidential Elections Than For U.S. House Elections?,
2016
Ballot Access News
Does The Constitution Provide More Ballot Access Protection For Presidential Elections Than For U.S. House Elections?, Richard Winger
Fordham Law Review
Both the U.S. Constitution and The Federalist Papers suggest that voters ought to have more freedom to vote for the candidate of their choice for the U.S. House of Representatives than they do for the President or the U.S. Senate. Yet, strangely, for the last thirty-three years, the U.S. Supreme Court and lower courts have ruled that the Constitution gives voters more freedom to vote for the candidate of their choice in presidential elections than in congressional elections. Also, state legislatures, which have been writing ballot access laws since 1888, have passed laws that make it easier for minor-party and …
Time To End Presidential Caucuses,
2016
Federal Election Commission
Time To End Presidential Caucuses, Sean J. Wright
Fordham Law Review
Following the 2016 election cycle, there will be a great opportunity to implement reform. A major change should be to move away from presidential caucuses. They persist with, in the words of John Oliver, “complex, opaque rules.” These complex rules, which include participating in person for over an hour, negatively impacts participation in the electoral process. For example, in 2012, “participation rates in the Republican Party’s caucuses averaged 3 percent.” 3 percent. Compellingly, PolitiFact has observed that “[c]aucuses and delegate math can be incredibly confusing, and the arcane party structures don’t reflect how most people assume presidential selection works.” Yet, …
Compliance, Technology, And Modern Finance,
2016
Brooklyn Law School
Compliance, Technology, And Modern Finance, Tom C.W. Lin
Brooklyn Journal of Corporate, Financial & Commercial Law
An important transformation is happening in the financial industry. The rise of new technology and compliance has dramatically altered many of the key functions and functionaries of modern finance. Artificial intelligence, algorithmic programs, and supercomputers, instead of human actors, now constitute the core of many financial operations. Compliance officers have become just as critical to financial institutions as traders, bankers, and analysts. Finance as we knew it has changed and continues to change. This symposium Article offers a studied commentary on these unfolding changes, the crosscutting developments in compliance, technology, and modern finance. It examines the concurrent and intersecting ascents …
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas,
2016
American Gateways
When Giving Birth Becomes A Liability: The Intersection Of Reproductive Oppression And The Motherhood Wage Penalty For Latinas In Texas, Dania Y. Pulido
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media,
2016
Vorys, Sater, Seymour and Pease LLP
The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera
St. Mary's Journal on Legal Malpractice & Ethics
This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge,
2016
Vinson & Elkins L.L.P.
Am I A “Licensed Liar”?: An Exploration Into The Ethic Of Honesty In Lawyering . . . And A Reply Of “No!” To The Stranger In The La Fiesta Lounge, Josiah M. Daniel Iii
St. Mary's Journal on Legal Malpractice & Ethics
After hearing for the first time the lawyer-disparaging phrase, “licensed liar,” the author investigated its significance. This article presents the question of those two words’ meaning and explains how the author reached the conclusion that, as applied to attorneys, the phrase is an unmerited epithet. The phrase is known and utilized in nonlegal texts in fields such as fiction, poetry, literary criticism, and journalism, but the two words are absent from legal texts. The author’s discovery of the phrase in various criticisms of lawyers in other publications illuminates and confirms that the phrase constitutes the pejorative allegation that an attorney …
Newsroom: Horwitz On The Trump Effect 12-1-2016,
2016
Providence Journal
Newsroom: Horwitz On The Trump Effect 12-1-2016, Amanda Milkovits, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
