Shin-Yi Chou , Inas Rashad , Michael Grossman , Lehigh University, Georgia State University, City University of New York FAST-FOOD RESTAURANT ADVERTISING ON TELEVISION AND ITS INFLUENCE ON CHILDHOOD OBESITY 51 Journal of Law & Economics 599 (November, 2008) Childhood obesity is an escalating problem around the world that is especially detrimental as its effects carry on into adulthood. In this paper we employ the 1979 Child-Young Adult National Longitudinal Survey of Youth and the 1997 National Longitudinal Survey of Youth to estimate the effects of television fast-food restaurant advertising on... 2008
Lewis A. Grossman FOOD, DRUGS, AND DROODS: A HISTORICAL CONSIDERATION OF DEFINITIONS AND CATEGORIES IN AMERICAN FOOD AND DRUG LAW 93 Cornell Law Review 1091 (July, 2008) This Article explores the evolution and interaction of the legal and cultural categories food and drug from the late nineteenth century to the present. The federal statutory definitions of food and drug have always been ambiguous and plastic, providing the FDA with significant regulatory flexibility. Nevertheless, the agency is not... 2008
A. Dan Tarlock , Sarah B. Van de Wetering GROWTH MANAGEMENT AND WESTERN WATER LAW: FROM URBAN OASES TO ARCHIPELAGOS 14 Hastings West-Northwest Journal of Environmental Law, Policy 983 (Winter 2008) The West is in another boom cycle and all projections indicate that this unique region will continue to capture a substantial share of the country's population growth well into the next century. Western states grew by about 32 percent in the past twenty-five years, compared with 19 percent in the rest of the nation. From 1990 to 1995, ten of the... 2008
James Salzman IS IT SAFE TO DRINK THE WATER? 19 Duke Environmental Law and Policy Forum 1 (Fall 2008) If you board a ferry in bustling Hong Kong, cross to Lantau Island, and get on a local bus, the forests of cranes atop new buildings soon give way to forested hills, too steep for the construction boom to reach. An hour's ride up the spines of the mountain range brings you to Po Lin Monastery. Towering above the temple buildings sits Tian Tan... 2008
Thomas J. Graff, Jennifer Pitt LIVING WITH OURSELVES: WHAT TRADE OFFS WILL GET MADE TO SUPPLY GROWING WESTERN COMMUNITIES WITH WATER, AND WHO DECIDES? 38 Environmental Law Reporter News & Analysis 10590 (August, 2008) Will the water demands of the apparently unstoppable population increases of the ever-exploding cities of America's Southwest ultimately be a factor in limiting that expansion? Historically the Field of Dreams phenomenon has ruled the day: the suburbs have sprouted and the water to keep them green has arrived. Are times changing? What happens if... 2008
Andrew L. Magaziner THE TRICKLE DOWN EFFECT: THE PHIRI WATER RIGHTS APPLICATION AND EVALUATING, UNDERSTANDING, AND ENFORCING THE SOUTH AFRICAN CONSTITUTIONAL RIGHT TO WATER 33 North Carolina Journal of International Law and Commercial Regulation 509 (Spring 2008) I. Introduction. 510 II. History of the South African Constitution and Understanding Constitutionalism . 512 III. The Phiri Water Rights Case. 521 A. South African Water Policy: A Brief Review. 522 B. The Phiri Applicants: Their Stories and Legal Claims. 527 IV. Interpreting the 1996 Constitutional Text: Implications for Phiri Residents. 530 A.... 2008
Elizabeth Burleson WATER IS SECURITY 31-SPG Environs Environmental Law and Policy Journal 197 (Spring 2008) Introduction. 197 I. The Shared Responsibility Of Water. 200 II. Indigenous Peoples And Water. 203 III. Civil Society Participation And Public Education. 206 IV. Pollution. 209 Conclusion. 214 Reasonable and equitable water resource decision-making is at the core of good governance around the world. Some solutions are as simple as rainwater... 2008
Chelsea Peters WHOLE FOODS, UNWHOLESOME PRACTICES: WILL SOCK PUPPETEERS BE HELD ACCOUNTABLE FOR PSEUDONYMOUS WEB POSTINGS? 5 Shidler Journal of Law, Commerce & Technology 4 (Summer, 2008) The Federal Trade Commission recently exposed Whole Foods' CEO John Mackey for having made pseudonymous posts on financial message boards for over seven years. Mackey's practice of sock puppeting, or posting under a false identity to praise and build support for one's company, is becoming more common among high-powered corporate executives who... 2008
Andrea Freeman FAST FOOD: OPPRESSION THROUGH POOR NUTRITION 95 California Law Review 2221 (December, 2007) Fast food has become a major source of nutrition in low-income, urban neighborhoods across the United States. Although some social and cultural factors account for fast food's overwhelming popularity, targeted marketing, infiltration into schools, government subsidies, and federal food policy each play a significant role in denying inner-city... 2007
Stephen D. Sugarman , Nirit Sandman FIGHTING CHILDHOOD OBESITY THROUGH PERFORMANCE-BASED REGULATION OF THE FOOD INDUSTRY 56 Duke Law Journal 1403 (April, 2007) That childhood obesity is an alarming public health problem is clear and widely appreciated. What is altogether unclear is what our society should do about it. Some people think the solution lies in using tort law to sue McDonald's, Coca-Cola, and other corporations. We reject that notion. Others believe that government should order specific... 2007
John B. Weldon, Jr. , Lisa M. McKnight FUTURE INDIAN WATER SETTLEMENTS IN ARIZONA: THE RACE TO THE BOTTOM OF THE WATERHOLE? 49 Arizona Law Review 441 (Summer 2007) Former Secretary of the Interior Bruce Babbitt once characterized the Lower Colorado River Basin and its water resources as the last waterhole. This characterization aptly describes the Central Arizona Project (CAP), and the role that CAP water supplies have played in the settlement of Indian water claims in Arizona over the past twenty-five... 2007
Emma Coleman Jordan "JUST LIKE A TREE PLANTED BY THE WATERS, I SHALL NOT BE MOVED:" CHARLES OGLETREE, JR., AND THE PLAIN VIRTUES OF LAWYERING FOR RACIAL EQUALITY 22 Harvard BlackLetter Law Journal 121 (Spring, 2006) It was a moment of unbelievable risk, a precipice of career suicide, a decision that would challenge the careful planning of more timid lawyers. His wife urged caution; a Harvard colleague explored back channels with the Senate Judiciary Committee to telegraph warning to him of unseen torpedoes that might lie in his path. Even he hesitated in the... 2006
  ENVIRONMENTAL JUSTICE: ACCESS TO CLEAN DRINKING WATER 57 Hastings Law Journal 1367 (June, 2006) Firestone: My name is Laurel Firestone. I'm an attorney with the Center on Race, Poverty and the Environment. I work in Delano, which is on the border of Kern and Tulare Counties in the Central Valley, and I run the rural poverty water project. I am fortunate enough to moderate the panel today on Access to Clean Drinking Water and Environmental... 2006
William J. Wailand EVOLVING STRATEGIES FOR TWENTY-FIRST CENTURY NATURAL RESOURCE PROBLEMS 81 New York University Law Review 1518 (October, 2006) East Central Florida sits atop the Floridan Aquifer, an underground water source covering 100,000 square miles and spanning Alabama, South Carolina, Georgia, and Florida (Berardo, pp. 64-65). As the population soars in this region, demand for water will likely increase dramatically, and average water consumption may reach 926 million gallons per... 2006
Reynaud Daniels IMPLEMENTATION OF THE RIGHT OF ACCESS TO SUFFICIENT WATER THROUGH PRIVATIZATION IN SOUTH AFRICA 15 Penn State Environmental Law Review 61 (Fall 2006) Over 1 billion people across the world lack access to potable water and more than 2 billion are without access to sanitation. In addition, approximately 2 million deaths result from easily preventable diarrhea-related sicknesses annually. Water is critical to sustaining human life. Access to safe water is vital to ensuring that human beings enjoy a... 2006
Hope M. Babcock RESERVED INDIAN WATER RIGHTS IN RIPARIAN JURISDICTIONS: WATER, WATER EVERYWHERE, PERHAPS SOME DROPS FOR US 91 Cornell Law Review 1203 (September 1, 2006) In this Article, the author explores the question of whether nonfederally recognized eastern Indian tribes can claim reserved tribal rights to water under the Winters doctrine. The urgency of resolving this question in the tribes' favor is underscored by the mounting problem of water scarcity in the East, where most such tribes live, and the... 2006
K. Heidi Gudgell, Steven C. Moore, Geoffrey Whiting THE NEZ PERCE TRIBE'S PERSPECTIVE ON THE SETTLEMENT OF ITS WATER RIGHT CLAIMS IN THE SNAKE RIVER BASIN ADJUDICATION 42 Idaho Law Review 563 (2006) In order to understand the Nez Perce Tribe's (Tribe) perspective on the settlement of its water right claims in the Snake River Basin Adjudication (SRBA), and its perspective on the claims themselves, it is necessary to understand some of the history of the Nez Perce people and the nature and purpose of the rights reserved by the Tribe in the... 2006
Kimberly Breedon THE REACH OF RAICH: IMPLICATIONS FOR LEGISLATIVE AMENDMENTS AND JUDICIAL INTERPRETATIONS OF THE CLEAN WATER ACT 74 University of Cincinnati Law Review 1441 (Summer, 2006) Letting the days go by/water flowing underground . . . . Under the rocks and stones/there is water underground . . . . Same as it ever was . . . . Same as it ever was . . . . Same as it ever was . . . . In 1972, Congress responded to the growing national water pollution problem by passing the Clean Water Act (CWA) in an effort to protect and... 2006
David H. Getches INDIGENOUS PEOPLES' RIGHTS TO WATER UNDER INTERNATIONAL NORMS 16 Colorado Journal of International Environmental Law and Policy 259 (Spring 2005) In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the... 2005
Denise Lach , Helen Ingram , Steve Rayner MAINTAINING THE STATUS QUO: HOW INSTITUTIONAL NORMS AND PRACTICES CREATE CONSERVATIVE WATER ORGANIZATIONS 83 Texas Law Review 2027 (June, 2005) Water managers are falling behind in the race to resolve mounting troubles. Adverse environmental and social consequences of past management practices are evidenced by endangered species' lost habitats, the billions of people without access to clean water or sanitation services, and fierce competition among advocates for the use of diminishing... 2005
Ann Hopkins PRICE WATERHOUSE V. HOPKINS: A PERSONAL ACCOUNT OF A SEXUAL DISCRIMINATION PLAINTIFF 22 Hofstra Labor and Employment Law Journal 357 (Spring 2005) I was asked to discuss my experience with the legal system and to go beyond previously published material to answer some questions. Why did the case succeed? What happened after you went back to Price Waterhouse? What changed after the litigation? What advice would you offer to people who seek to combat discrimination? In this article, I... 2005
Craig Anthony (Tony) Arnold PRIVATIZATION OF PUBLIC WATER SERVICES: THE STATES' ROLE IN ENSURING PUBLIC ACCOUNTABILITY 32 Pepperdine Law Review 561 (2005) I. Overview II. The Status of Water Privatization in the United States A. History B. Current Status 1. The Trend Towards Privatization 2. The Types of Privatization 3. The Forces Pushing Privatization 4. The Response to Privatization III. Legal Authority and Limits A. Legal Authorization of Privatization B. Legal Limits on Privatization IV. Issues... 2005
Rose Francis WATER JUSTICE IN SOUTH AFRICA: NATURAL RESOURCES POLICY AT THE INTERSECTION OF HUMAN RIGHTS, ECONOMICS, AND POLITICAL POWER 18 Georgetown International Environmental Law Review 149 (Fall, 2005) C1-3Contents I. Introduction. 149 II. The Legacy of Apartheid Land & Water Policies. 153 III. Democratic Transition and the Politics of Globalization. 155 IV. Transformations in Water Law and Policy. 160 A. The National Water Act. 161 1. Decentralization. 165 2. Cost Recovery. 170 3. Privatization. 176 B. South Africa's Free Basic Water Policy. 178... 2005
Robyn Stein WATER LAW IN A DEMOCRATIC SOUTH AFRICA: A COUNTRY CASE STUDY EXAMINING THE INTRODUCTION OF A PUBLIC RIGHTS SYSTEM 83 Texas Law Review 2167 (June, 2005) Amanzi Ayimpilo--Water is Life--It is indispensable to survival and there can be no livelihood, no growth, and no economic development in its absence. In this drought prone, water scarce country, it is our responsibility to ensure water security for all time. The National Water Act has effected a transformation of the regulatory regime governing... 2005
Sheree R. Weisz CONSTITUTIONAL LAW--FEDERAL INDIAN LAW: THE EROSION OF TRIBAL SOVEREIGNTY AS THE PROTECTION OF THE NONINTERCOURSE ACT CONTINUES TO BE REDEFINED MORE NARROWLY 80 North Dakota Law Review 205 (2004) In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... 2004
Lawrence J. MacDonnell OUT-OF-PRIORITY WATER USE: ADDING FLEXIBILITY TO THE WATER APPROPRIATION SYSTEM 83 Nebraska Law Review 485 (2004) I. Introduction. 485 II. Legal Mechanisms for Out-of-Priority Water Use. 494 A. Voluntary Exchanges. 494 B. Involuntary Exchanges or Substitute Water Supplies. 502 C. Physical Solutions. 514 III. Issues in Review and Administration of Out-of-Priority Water Uses. 524 A. Overview of State Approaches. 524 B. Meeting the No-Injury Requirement. 529 1.... 2004
Kenneth R. Davis PRICE-FIXING: REFINING THE PRICE WATERHOUSE STANDARD AND INDIVIDUAL DISPARATE TREATMENT LAW 31 Florida State University Law Review 859 (Summer, 2004) I. Introduction. 859 II. Individual Disparate Treatment Law Before Costa. 863 A. The Rise and Fall of McDonnell Douglas. 863 B. Price Waterhouse v. Hopkins. 870 1. The Plurality Decision. 871 (a) Mixed-Motive Cases. 872 (b) Pretext Cases. 875 2. Evidence Sufficient to Support a Price Waterhouse Charge. 878 III. Desert Palace, Inc. v. Costa: An... 2004
Edward L. Robinson REDEFINING JURISDICTIONAL LIMITS IN THE CLEAN WATER ACT: "TRIBUTARY" ACQUIRES NEW MEANING WITH HELP FROM CHEVRON AND SEMINOLE ROCK DEFERENCE [UNITED STATES V. DEATON, 332 F.3D 698 (4TH CIR. 2003)] 43 Washburn Law Journal 459 (Winter 2004) There is no limiting principle to a theory that bases federal [Clean Water Act] authority on the notion that water molecules might migrate downhill and eventually flow into rivers, streams, and oceans. When the Cuyahoga River in Ohio spontaneously caught fire in 1969, the federal government realized something was terribly wrong with America's... 2004
Caroline Smith DeWaal, J.D. RISING IMPORTS, BIOTERRORISM, AND THE FOOD SUPPLY 59 Food & Drug Law Journal 433 (2004) In November 2003, imported produce was implicated in one of the United States' most devastating outbreaks of foodborne illness. The outbreak was nearly as large as the 1993 Jack in the Box outbreak, and killed almost as many people. This time, instead of fast food hamburgers, green onions imported from Mexico were the cause of this fatal Hepatitis... 2004
Cassandra A. Giles SHAKING PRICE WATERHOUSE: SUGGESTIONS FOR A MORE WORKABLE APPROACH TO TITLE VIII MIXED MOTIVE DISPARATE TREATMENT DISCRIMINATION CLAIMS 37 Indiana Law Review 815 (2004) In 1968, Congress enacted Title VIII of the Civil Rights Act of 1968 for the express purpose of providing fair housing and eliminating discrimination in housing on the basis of race, color, religion, and national origin. In applying Title VIII, courts often have looked to Title VII of the Civil Rights Act of 1964 for interpretation as mandated by... 2004
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