scholarly journals Closing the Regulatory Gap for Synthetic Nicotine

2017 ◽  
Author(s):  
Patricia Zettler ◽  
Natalie Hemmerich ◽  
Micah L. Berman
Keyword(s):  
New Product ◽  
The United States ◽  
Tobacco Product ◽  
The Public ◽  
Comprehensive Plan ◽  
Federal Food ◽  
Potential Benefits ◽  
Definition Of ◽  
Nicotine Regulation ◽  
The U.S

In July 2017 the U.S. Food and Drug Administration (FDA) announced a new “comprehensive plan for tobacco and nicotine regulation.” This plan is focused on making cigarettes less addictive while facilitating the development of alternative nicotine-containing products that are far less harmful. This approach holds promise, and the public health stakes could not be higher—smoking is the leading cause of preventable death in the United States, causing roughly 480,000 deaths per year. But a new product is emerging that could upset the FDA’s plans for a well-balanced regulatory scheme: synthetic nicotine. These products currently fall into a regulatory gap because they fall outside the Federal Food, Drug, and Cosmetic Act’s (FDCA) definition of a tobacco product. If this gap remains in place, it is likely that more companies will exploit it in order to evade regulation, undoing the potential benefits of the FDA’s plan for tobacco and nicotine regulation. This Article argues that the FDA can, and should, address this problem by regulating synthetic nicotine products as drugs. After reviewing the science of nicotine addiction and the FDA’s past and present regulatory schemes for nicotine, it explains how the FDA could establish that synthetic nicotine satisfies the FDCA’s definition of a drug. It concludes with a discussion of the policy benefits of categorizing synthetic nicotine as a drug.Citation: Patricia J. Zettler, Natalie Hemmerich, & Micah L. Berman, Closing the Regulatory Gap for Synthetic Nicotine, 59 B.C. L. Rev. ___ (forthcoming 2018).

scholarly journals Elonis v. United States: The Doctrine of True Threats: Protecting Our Ever-Shrinking First Amendment Rights in the New Era of Communication

2015 ◽  
Vol 15 (2) ◽  
pp. 197-223
Author(s):  
Mary Margaret Roark
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
New Era ◽  
The Public ◽  
Definition Of ◽  
The U.S

The First Amendment protects one of our most precious rights as citizens of the United States—the freedom of speech. Such protection has withstood the test of time, even safeguarding speech that much of the population would find distasteful. There is one form of speech which cannot be protected: the true threat. However, the definition of what constitutes a "true threat" has expanded since its inception. In the new era of communication—where most users post first and edit later—the First Amendment protection we once possessed has been eroded as more and more speech is considered proscribable as a "true threat." In order to adequately protect both the public at large and our individual right to free speech, courts should analyze a speaker’s subjective intent before labeling speech a "true threat." Though many courts have adopted an objective, reasonable listener test, the U.S. Supreme Court now has the opportunity, in deciding Elonis v. United States, to take a monumental step in protecting the First Amendment right to free speech. By holding that the speaker’s subjective intent to threaten is necessary for a true threat conviction, the Court will restore the broad protection afforded by the First Amendment and repair years of erosion caused by an objective approach.

scholarly journals Latinas for Trump Analysis of Processes of Identification and the Use of Narratives to Construct Subject-Positions

2018 ◽  
Vol 6 (2) ◽  
pp. 197-214
Author(s):  
Mayela Zambrano
Keyword(s):  
Latin American ◽  
Presidential Election ◽  
The United States ◽  
Apparent Contradiction ◽  
Negative Stereotypes ◽  
Political Preference ◽  
Subject Positions ◽  
The Public ◽  
Latino Community ◽  
The U.S

AbstractThe public and commercial spheres constantly address the largest ethnic minority in the United States, people with ancestry or from a Latin American country, as a homogenous group under the ethnopolitical terms “Latinos,” “Hispanics,” and even “Mexicans.” This panethnic view, and the negative stereotypes associated with it, was especially visible during the 2016 presidential election. While the majority of Latinos found Donald Trump’s remarks on “Mexicans” offensive to the Latin community as a whole, a large number of people still supported his opinions, even those belonging to the “Latino” community. Even more so, women of Latino heritage still supported a nominee that went against their own advance in society given his constant misogynistic comments. In this essay, I analyze the groundings for this apparent contradiction in the preference for said candidate. I argue that these women’s political preference is a tool with which they build their identity in the U.S. Besides, I explore the ways in which individuals linguistically construct their own identity in three ways (i) by actively doing the identification instead of merely receiving it by an unknown agent; (ii) by choosing the self-representation of their preference, and (iii) by finding commonalities and bonding with other individuals they deem part of their group. Through this approach, I analyze semiotic processes, such as intertextuality, use of pronouns, and discourse alignment, that are used to construct identifications of the self that go beyond imposed categories, such as gender and ethnicity.

Complete Count of U.S. Transportation Workforce

2000 ◽  
Vol 1719 (1) ◽  
pp. 259-266
Author(s):  
Basav Sen ◽  
Michael A. Rossetti
Keyword(s):  
The United States ◽  
Double Counting ◽  
Transportation Industry ◽  
Industry Data ◽  
Definition Of ◽  
Nonfarm Employment ◽  
Employment Data ◽  
Transportation Activity ◽  
The U.S ◽  
Complete Count

Described are the development and application of an original methodology for a comprehensive and consistent count of transportation-related employment in the United States. In addition, the study represents a general example of how transportation analysts can effectively use and combine classification-based data to answer specific crosscutting questions. The method involved computing the union of two different sets of transportation employment data: transportation industry data, counting all workers in industries that provide or support transportation, and transportation occupational data, counting all workers performing transportation functions. A union, instead of a straightforward sum, was used to avoid double counting of workers employed in the defined transportation and transportation-related industries. A broad definition of transportation-related industries and occupations was used, allowing a complete accounting of employment generated by transportation in the economy. It was concluded that transportation industries account for 13 million workers, or about 10 percent of total nonfarm employment of 128.4 million, and transportation occupations outside of transportation industries accounted for another 3.5 million workers, or about an additional 3 percent of nonfarm employment. Thus, about 16.5 million workers either work directly in or support transportation activity in the U.S. economy; this constitutes about 13 percent—approximately 1 in 8 jobs—of the nonfarm workforce.

The History of Mitigation in Death Penalty Cases

2020 ◽  
pp. 34-45
Author(s):  
Russell Stetler
Keyword(s):  
Death Penalty ◽  
The United States ◽  
Theory And Practice ◽  
Death Sentences ◽  
Eighth Amendment ◽  
Mitigating Factors ◽  
History Of ◽  
Definition Of ◽  
Effective Representation ◽  
The U.S

This chapter discusses how the theory and practice of mitigation have evolved over more than four decades, thereby helping to define the modern death penalty era in the United States. Prior to 1976, juries generally made death penalty decisions in a unitary proceeding. Juries then had unfettered discretion to impose death sentences, and the results were so arbitrary that in 1972 the U.S. Supreme Court struck down all the existing death penalty statutes. In 1976, the Court approved new statutes that guided jurors’ discretion. The Court required individualized sentencing in which jurors could consider mitigating factors based on the diverse frailties of humankind. This broad definition of what might inspire juries to reject death was elaborated in succeeding decades in a series of decisions relying on the Eighth Amendment. Social workers and other nonlawyers became critical members of multidisciplinary capital defense teams providing effective representation under the Sixth Amendment.

Communication on Climate Change and Energy Alternatives in the United States

2016 ◽  
Author(s):  
Toby Bolsen ◽  
Matthew A. Shapiro
Keyword(s):  
Climate Change ◽  
Media Coverage ◽  
News Coverage ◽  
Climate Science ◽  
The United States ◽  
Political Information ◽  
Forthcoming Article ◽  
The Public ◽  
Scientific Consensus ◽  
The U.S

This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Climate Science. Please check back later for the full article. Most of what people think about politics comes from information acquired via exposure to mass media. Media thus serve a vital role in democracy as a fundamental conduit of political information. Scholars study the factors that drive news coverage about political issues, including the rise of discourse on climate change and shifts in media coverage over time. Climate change first received sustained attention in the U.S. press in the late 1980s and early 1990s. As scientific consensus emerged on the issue, interest groups and other actors emerged who accentuated the inherent uncertainty of climate science as a way to cast doubt on the existence of scientific consensus. The politicization of climate science has resulted in uncertainty among the public about its existence, anxiety about the effects of a fundamental transformation of U.S. energy systems, and support for the status quo in terms of the use of traditional energy sources. Media coverage often magnified the voices of contrarian scientists and skeptics because journalistic norms provided equal space to all sides, a semblance of false balance in news coverage that has persisted through the mid 2000s. By this time, the U.S. public had fractured along partisan lines due to rhetoric employed to generate support by elites. Media fragmentation and the rise of partisan news outlets further contributed to polarization, especially given the tendency of individuals to seek political information about climate change from trusted and credible sources. More recently, new media has come to play an increasingly significant role in communicating information on climate change to the public. Ultimately, there is a need for knowledge-based journalism in communicating climate change and energy alternatives to all segments of the U.S. public, but doing this effectively requires engagement with a broader audience in the debate over how best to address climate change. “Honest brokers” must be referenced in the media as they are best equipped to discuss the issue with citizens of different political identities and cultural worldviews. The success of collective efforts to mitigate and adapt to climate change requires not only scientific consensus but the ability to communicate the science in a way that generates greater consensus among the public.

Santa Anna and His Legacy

2015 ◽  
Author(s):  
Will Fowler
Keyword(s):  
United States ◽  
The United States ◽  
Mexican War ◽  
Early National Period ◽  
The Public ◽  
Early National ◽  
History Of ◽  
The Republic ◽  
The Alamo ◽  
The U.S

Antonio López de Santa Anna (b. Xalapa, February 21, 1794; d. Mexico City, June 21, 1876) was one of the most notorious military caudillos of 19th-century Mexico. He was involved in just about every major event of the early national period and served as president on six different occasions (1833–1835, 1839, 1841–1843, 1843–1844, 1846–1847, and 1853–1855). U.S. Minister Plenipotentiary Waddy Thompson during the 1840s would come to the conclusion that: “No history of his country for that period can be written without constant mention of his name.”1 For much of the 1820s to 1850s he proved immensely popular; the public celebrated him as “Liberator of Veracruz,” the “Founder of the Republic,” and the “Hero of Tampico” who repulsed a Spanish attempt to reconquer Mexico in 1829. Even though he lost his leg defending Veracruz from a French incursion in 1838, many still regarded him as the only general who would be able to save Mexico from the U.S. intervention of 1846–1848. However, Mexicans, eventually, would remember him more for his defeats than his victories. Having won the battle of the Alamo, he lost the battle of San Jacinto which resulted in Texas becoming independent from Mexico in 1836. Although he recovered from this setback, many subsequently blamed him for Mexico’s traumatic defeat in the U.S.-Mexican War, which ended with Mexico ceding half of its territory to the United States. His corruption paired with the fact that he aligned himself with competing factions at different junctures contributed to the accusation that he was an unprincipled opportunist. Moreover, because he authorized the sale of La Mesilla Valley to the United States (in present-day southern Arizona) in the 1853 Gadsden Purchase, he was labeled a vendepatrias (“fatherland-seller”). The repressive dictatorship he led donning the title of “His Serene Highness” in 1853–1855, also gave way to him being presented thereafter as a bloodthirsty tyrant, even though his previous terms in office were not dictatorial. Albeit feted as a national hero during much of his lifetime, historians have since depicted Santa Anna as a cynical turncoat, a ruthless dictator, and the traitor who lost the U.S.-Mexican War on purpose. However, recent scholarship has led to a significant revision of this interpretation. The aim of this article is to recast our understanding of Santa Anna and his legacy bearing in mind the latest findings. In the process it demonstrates how important it is to engage with the complexities of the multilayered regional and national contexts of the time in order to understand the politics of Independent Mexico.

When Immigrants Are Not Migrants: Counting Arrivals of the Foreign Born Using the U.S. Census

1998 ◽  
Vol 32 (1) ◽  
pp. 127-144 ◽  
Author(s):  
Mark Ellis ◽  
Richard Wright
Keyword(s):  
United States ◽  
The United States ◽  
Foreign Born ◽  
Skill Levels ◽  
Migration Status ◽  
Recent Immigrant ◽  
Two Measures ◽  
Definition Of ◽  
The U.S ◽  
The Way

This paper compares characteristics of recent immigrant arrivals in the United States using two measures from the decennial U.S. census: the came-to-stay question and the migration question. We show that a little under 30 percent of immigrants who reported they came to stay between 1985–1990 on the 1990 U.S. Census Public Use Micro Sample were resident in the United States on April 1, 1985. A similar analysis of the 1980 censue reveals that 22 percent of immigrants who reported they came to stay between 1975–1980 lived in the United States on April 1, 1975. Thus among recent arrivals, defined as those who reported they came to stay in the quinquennium preceding the census, a large number were resident in the United States five years before the census date. Furthermore, the proportion of recent arrivals present in the United States five years before the census increased between 1975–1980 and 1985–1990. We show that the profile of recent arrivals is sensitive to their migration status. Generally, in both the 1975–1980 and 1985–1990 cohorts, those resident in the United States five years before the census have significantly less schooling and lower incomes than those who were abroad. Accordingly, we argue that estimates of the skill levels and hourly wages of recent arrivals to the United States vary with the way arrival is measured. Researchers who rely on Public Use samples of the U.S. census for their data should be aware that the year of entry question implies a broader definition of arrival than the migration question. We caution that immigration researchers should consider the idea of arrival more carefully to help distinguish newcomers from the resident foreign born.

Basic U. S. Sources For Current Research In International Law: An Elementary Vade-Mecum

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
Intergovernmental Organizations ◽  
Department Of State ◽  
The Public ◽  
The Government ◽  
The Many ◽  
The U.S

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State

The History (and Future) of Tornado Warning Dissemination in the United States

2011 ◽  
Vol 92 (5) ◽  
pp. 567-582 ◽  
Author(s):  
Timothy A. Coleman ◽  
Kevin R. Knupp ◽  
James Spann ◽  
J. B. Elliott ◽  
Brian E. Peters
Keyword(s):  
Warning System ◽  
Specific Area ◽  
The United States ◽  
Digital Television ◽  
Public Officials ◽  
The Public ◽  
Tornado Warnings ◽  
Tornado Warning ◽  
Radio Broadcast ◽  
The U.S

Since the successful tornado forecast at Tinker AFB in 1948 paved the way for the issuance of tornado warnings, the science of tornado detection and forecasting has advanced greatly. However, tornado warnings must be disseminated to the public to be of any use. The Texas tornado warning conferences in 1953 began to develop the framework for a modern tornado warning system and included radar detection of tornadoes, a spotter network, and improved communications between the U.S. Weather Bureau, spotters, and public officials, allowing more timely warnings and dissemination of those warnings to the public. Commercial radio and television are a main source of warnings for many, and the delivery methods on TV have changed much since 1960. NOAA Weather Radio (NWR) was launched after the 1974 Super Outbreak of tornadoes, with the most important feature being the tone alert that allowed receivers to alert people even when the radio broadcast was turned off. Today, NWR reaches most of the U.S. population, and Specific Area Message Encoding technology has improved its warning precision. Outdoor warning sirens, originally designed for use in enemy attack, were made available for use during tornado warnings around 1970. “Storm based” warnings, adopted by the National Weather Service in 2007, replaced countybased warnings and greatly reduce the warning area. As communications advances continue, tornado warnings will eventually be delivered to precise locations, using GPS and other location technology, through cellular telephones, outdoor sirens, e-mails, and digital television, in addition to NWR.

Another Freedom Summer

2014 ◽  
Vol 44 (1) ◽  
pp. 29-41 ◽  
Author(s):  
Robin D.G. Kelley
Keyword(s):  
United States ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Paradigm Shift ◽  
Turning Point ◽  
The United States ◽  
The Public ◽  
Freedom Summer ◽  
State Of Israel ◽  
The U.S

During the summer of 2014, the U.S. government once again offered the State of Israel unwavering support for its aggression against the Palestinian people. Among the U.S. public, however, there was growing disenchantment with Israel. The information explosion on social media has provided the public globally with much greater access to the Palestinian narrative unfiltered by the Israeli lens. In the United States, this has translated into a growing political split on the question of Palestine between a more diverse and engaged younger population and an older generation reared on the long-standing tropes of Israel's discourse. Drawing analogies between this paradigm shift and the turning point in the civil rights movement enshrined in Mississippi's 1964 Freedom Summer, author and scholar Robin Kelley goes on to ask whether the outrage of the summer of 2014 can be galvanized to transform official U.S. policy.

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