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Regulations of Chemicals in Food
No full textThis chapter discusses the regulation of chemicals introduced into food during cultivation and processing. It covers chemicals intentionally added to facilitate production, enhance products, mislead buyers or physically harm consumers, as well as chemicals that inadvertently contaminate food from processing equipment, packaging, or environmental pollution. The chapter surveys a variety of regulatory strategies that arise out of domestic law (using the United States as an example), transnational legal obligations (using the European Union as an example), and international standards (using the Codex Alimentarius as an example)
James C. Robinson, et. al., FisherBroyles, LLP, et. al., Order Denying Motions to Exclude Market Value Opinions
Get PDFWorker Classification Conundrums in the Gig Economy
No full textIn February 2022, scholars, legislators, and industry and labor thought leaders converged virtually at the University of the Pacific McGeorge School of Law to offer state-of-the-art legal and policy perspectives on regulating the gig economy – particularly in the frontline state of California. This Essay sets the stage for these distinguished contributions in a special Symposium issue of the Pacific Law Review. It addresses a foundational question: who is an “employee” and who is an “independent contractor” in the eyes of the law? The answer affects everything from wage rights and taxation to tort liability and discrimination protections. This Essay explains why determining a worker’s status is so fraught in the gig economy, where stakes and incentives are shaped by erratic legal frameworks and firm opportunism
North Atlanta Vascular Clinic v. Dr. Thomas Matthews, M.D., Order on Cross-Motions for Summary Judgment
Get PDFSB 222 - Amendments Regarding Third-Party Funding for Conducting Elections
Get PDFThe Act makes it a felony for any government employee, election official, or county or municipal government to accept third‑party funding for conducting elections. The Act also establishes an executive director position within the State Election Board and fiscally separates the Election Board Committee and the Office of the Secretary of State
A Rights-Based Assessment of Youth Participation in the United States
No full textCivic engagement is central to democracy, yet historically and today, the United States has excluded certain groups and denied them their participation rights. Even where there has been progress toward inclusion, young people have been largely excluded from meaningful participation in their communities. While there are historical and developmental rationales for this view of childhood, such an approach is suboptimal and even harmful in some cases. Equally important, this construct of childhood fails to recognize the full personhood of young people and see them as rights holders in our communities. This Article calls for greater recognition of young people as rights holders and, correspondingly, more robust efforts to foster meaningful youth participation in their communities, from the local to the national level. Drawing on our own work with children and adolescents and other research that shows children of all ages can contribute in developmentally appropriate ways, this Article argues that acknowledging young people as rights holders and creating and sustaining opportunities for meaningful youth participation would result in better outcomes for children and adolescents, their communities, and the country as a whole.
This Article employs a children’s rights framework to analyze youth participation in the United States. A children’s rights lens reveals several important points. First, it unpacks the cluster of rights that constitute meaningful youth participation, going beyond the narrow conception of participation as only the right to vote. Second, it reveals how far the U.S. legal and regulatory framework is from supporting children’s right to be heard in matters that affect their lives. Third, and perhaps most significantly, it provides the state and other stakeholders with a model and examples of ensuring meaningful opportunities for youth participation
Favorable Selection in Medicare Advantage is Linked to Inflated Benchmarks and Billions in Overpayments to Plans
No full textIncreases in Medicare Advantage (MA) enrollment, coupled with concerns about overpayment to plans, have prompted calls for change. Benchmark setting in MA, which determines plan payment, has received relatively little attention as an avenue for reform. In this study we used national data from the period 2010-20 to examine the relationships among unobserved favorable selection, benchmark setting, and payments to plans in MA. We found that unobserved favorable selection in MA led to underpayment to counties with lower MA penetration and overpayment to counties with higher MA penetration. Because the distribution of MA beneficiaries has shifted over time toward counties that were overpaid, we estimate that plans were overpaid by an average of $9.3 billion per year between 2017 and 2020. Changes to risk adjustment in benchmark setting could likely mitigate the impact of favorable selection in MA
