Loyola University Chicago, School of Law: LAW eCommons
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Tobacco Product Warnings in the Mist of Vaping: A Retrospective on the Public Health Cigarette Smoking Act
No full textWarning labels have been mandated for cigarette packages under US federal law since the mid-1960s. While the nature and specificity of warnings has evolved, there is a long-standing skepticism about the effectiveness of textual warning labels, which has spurred the global use of pictorial warnings as a deterrent mechanism. Due to commercial speech challenges, the USFDA has delayed adoption of graphic cigarette labels, and the impact of pending, newly revised graphic warnings remains a matter of uncertainty. Like other matters of smoking abatement, public health anti-tobacco initiatives are compounded by the rapid increase in e-cigarette use where currently, mandatory warnings are tepid, mirroring both lack of knowledge and regulatory inertia. This paper explores the trajectory of cigarette warning labels, using the Public Health Cigarette Smoking Act of 1969 as a jumping off point for tracing the evolution of package warnings from their origin to the present. Particular consideration centers on how warning labels can be strengthened in the context of e-cigarettes through revisions to the current tobacco regulatory process
I\u27d Gladly Pay You Tuesday for a [Tax Deduction] Today : Donor-Advised Funds and the Deferral of Charity
No full textIn recent years, donor-advised funds have become an increasingly popular vehicle for charitable giving. In part, their popularity can be traced to a disconnect in the law: donor-advised funds look in many ways like private foundations, but the tax law treats them as public charities. This disconnect is advantageous to donors. Because Congress was worried about wealthy individuals\u27 ability to take advantage of the control they can exercise over private foundations, it imposed a series of additional tax rules on private foundations. These rules, among other things, limit the deductibility of donations to private foundations, require that private foundations make minimum annual distributions, and require a significant level of transparency from private foundations.
The disconnect between donor-advised funds functioning like private foundations but being classified as public charities means that donors can use donor-advised funds to circumvent the more onerous regulations governing private foundations. Through a donor-advised fund, a taxpayer can take an immediate deduction for a charitable donation with no requirement that the fund distribute any of its assets. The taxpayer enjoys a significant level of control over when and to whom the donor-advised fund eventually distributes the money. Further, the taxpayer enjoys complete privacy: as a public charity, the donor-advised fund does not have to disclose to the public what it does with its money.
Donor-advised funds qualify as public charities because they are not individual entities. Rather, each fund is a segregated account within a larger sponsoring organization. This structure causes the donor base to be diverse, which, in turn, is how these funds qualify as public charities. Donor-advised funds do not have to provide a way for donors to circumvent the private foundations rules, though. This Article proposes that donor-advised funds be required to qualify as public charities individually rather than at the sponsoring organization level. Doing so will ensure that the rules meant to prevent charitable abuses will look at donor-advised funds\u27 functions, not their forms
Legalizing the Meaning of Meat
No full textWhat we call meat has become a contentious issue in the United States. This Article is the first to explore the many dynamics behind meat labeling laws proposed by various state legislatures. It uses food studies methods to places those debates within a larger context of the history of “meat” and plant-based proteins, as well as other food labeling struggles. The Article ultimately argues that expressly recognizing these dynamics can augment sustainable food advocacy efforts in the future
Immigration Policy as a Defense of White Nationhood
No full textPresident Trump\u27s vilification and expulsion of undocumented Latino migrants is only the latest episode of the mass expulsion of Latinos. This essay places Trump\u27s border enforcement policies into historical context as a defense of white national identity. Despite many asserted justifications for this mistreatment of migrants and refugees, the only justification that survives scrutiny is the need to reassure anxious whites that their racial status is being defended
Valuing All Identities beyond the Schoolhouse Gate: The Case for Inclusivity as a Civic Virtue in K-12
No full textIncreasing social and political polarization in our society continues to exact a heavy toll marked by, among other social ills, a rise in uncivility, an increase in reported hate crimes, and a more pronounced overall climate of intolerance--for viewpoints, causes, and identities alike. Intolerance, either a cause or a consequence of our fraying networks of social engagement, is rampant, hindering our ability to live up to our de facto national motto, “E Pluribus Unum,” or “Out of Many, One” and prompting calls for how best to build a cohesive civil society. Within the public school--an institution conceived primarily for the purpose of inculcating civic virtues thought necessary to foster solidarity in a pluralistic society--the intolerance has contributed to increased bias-based bullying, particularly toward transgender and gender diverse students. The devastating impacts of intolerance and exclusion on transgender and gender-diverse students include disproportionate rates of psychological distress, physical ailments, increased risk of homelessness, and other negative outcomes. As schools ponder how best to meet their needs and create safe and supportive learning environments, some parents have attempted to assert exclusive authority in this domain, challenging practices such as the adoption of gender-complex and LGBTQ-inclusive curricula as well as gender-affirming policies and practices. Parents allege that attempts by schools to accommodate transgender and gender diverse students infringe on their parental rights and the privacy rights of their cisgender children. While some schools have yielded to parental objections, others have resisted.
This Article presents a compelling approach for schools both to address the challenges posed by objecting parents and to carry out their original mission of inculcating an appreciation for democratic norms--namely, civility, tolerance, and equality--through the adoption of gender complex and LGBTQ-inclusive curricula. Relying on both long-standing limitations on parents\u27 ability to exercise curricular control and research on the benefits of inclusive and comprehensive curricula, this Article makes the case that the educational purposes served by gender complex and LGBTQ-inclusive curricula more than justify any alleged burden on parents\u27 free exercise of religion as protected by the First Amendment or any alleged infringement upon parents\u27 substantive due process rights as protected by the Fourteenth Amendment. It posits that although both parents and the state share responsibility for shaping our youngest citizens, parental interests should be subordinate to the interests of the state in promoting proteophilic competence--an appreciation for diversity--through public education. This critical educational mission holds the promise of reaching beyond the scope of gender to include the inculcation of civic virtues essential to the health of an increasingly demographically diverse nation: Respect for “other-ness” and the development of skills needed for effective democratic self-governance
Regulatory De-Arbitrage in Twenty-First Century Cures Act\u27s Health Information Regulation
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