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2012: CLE: Deal or No Deal: Working with Psychological Biases in the Negotiation Dance
No full textThis presentation invites key figures that have emerged in the field since its rise in popularity. We will be discussing: the role of the mediator and the main mediation styles; the methods used to encourage participation; the role of a mediator in diffe
10-0615 ASHFORD PARTNERS, LTD. v. ECO RESOURCES, INC.
No full text10-0615 Ashford Partners Ltd. v. ECO Resources Inc. from Fort Bend County and the First District Court of Appeals, Houston For petitioner: Charles Watson, Austin For respondent: Michael P. Cash, Houston Principal issues in this lease dispute over a const
11-0059 EL PASO MARKETING, L.P. v. WOLF HOLLOW I, L.P.
No full text11-0059 El Paso Marketing L.P. v. Wolf Hollow I L.P from Harris County and the 14th District Court of Appeals, Houston For petitioners: D. Mitchell McFarland and S. Shawn Stephens, Houston For respondent: Solace Kirkland, Houston A principal issue is whe
11-0732 IN RE STEPHANIE LEE
No full text11-0732 In re Stephanie Lee from Harris County and the 14th District Court of Appeals, Houston For relator: Scott Rothenberg, Houston For real party in interest: Clinton F. Lawson, San Antonio The principal issue is whether a mediated settlement must be
Twice Uprooted: How Government Policies Exacerbate Injury to Low-Income Americans Following Natural Disasters
No full textFederal law prohibits discrimination against low-income people after a disaster. Between 10,000 and 15,000 low-income homeowners—or half of all Hurricane Dolly applicants—were denied claims based on FEMA’s vague criteria of “insufficient damage” and “deferred maintenance.”
The homeowners alleged the vague “deferred maintenance” rule “institutionalizes economic discrimination.” This Comment (1) urges FEMA to publish clear definitions of “insufficient
damage” and “deferred maintenance” so that homeowners might better understand the criteria used in assessing their claims, and so FEMA employees are not given either real or apparent authority to arbitrarily deny claims; (2) urges Congress to recognize housing as a human right and pass laws that ensure low-income Americans will not be the target of discrimination following natural disasters; (3) addresses vagueness in the FEMA policy by analyzing case law relating to other vague governmental policies and how courts have responded; (4) demonstrates that federal agencies have historically acted in ways that disproportionately affect low-income victims of natural disasters; (5) proposes solutions for making FEMA’s policies non-discriminatory
The Thirteenth Amendment Won't Help Free Willy (Note)
No full textWith only one court having decided the issue thus far, the question remains whether animal rights groups should continue to seek Thirteenth Amendment protection for animals.32 This Note will first discuss the current debate between animal rights and animal welfare, examining philosophical arguments as well as practical limitations to adopting each approach. In the analysis section, this Note will discuss why the protection of the Thirteenth Amendment against slavery and involuntary servitude is not a right that is afforded to animals
The Pillar: Clinical Year 2012 May Newsletter of the Center for Legal and Social Justice
No full textThe Clinical Experience, Putting on the Writz Raises $1,223.75, Marianist Green Award, Francisco Leos Award, Students Reflect on Clinical Experiences, Criminal Justice Clinic Reflections, Immigration Clinic Student Reflection
Leaving the FDA Behind: Pharmaceutical Outsourcing and Drug Safety
No full textDuring the 2008 heparin crisis, a tainted blood-thinning drug imported from China caused the deaths of at least eighty people in the United States. However, despite the Food and Drug Administration’s (FDA) reactive measures, the American regulatory framework for drug safety remains largely unchanged. Currently, about 80% of active pharmaceutical ingredients, 40% of finished drugs, and 50% of all medical devices used in the United States are imported from over 100 countries. With the growth of product outsourcing, pharmaceutical companies in the United States have stopped manufacturing many essential medicines. Nevertheless, the FDA’s foreign inspections have lagged. It would take the FDA more than eighteen years to inspect all the establishments in China that produce drugs for the United States, eight times longer than it would take to inspect all domestic firms. To offset inadequate foreign inspections, the FDA emphasizes cooperation with exporting countries in the hope that foreign governments will share the burden of ensuring the safety of imported drugs in the U.S. market. Essentially, the FDA is outsourcing its regulatory power to other countries, some of which are highly susceptible to corrupt regulatory practices and counterfeit production. Since China is responsible for the largest percentage of drugs imported into the United States, this Article uses China as an example and argues that the FDA’s regulatory outsourcing approach is seriously flawed. The FDA has largely overlooked the unique challenges that Chinese regulators face in ensuring drug safety