William Mitchell College of Law

With the rapid advancements of today’s world, the number of patients who seek consultations for plastic surgery is growing rapidly. Consequently, the increase in the number of plastic surgery procedures has been followed by a rise in medical malpractice claims.

Cigarette butts and other postconsumer products from tobacco use are the most common waste elements picked up worldwide each year during environmental cleanups. Under the environmental principle of Extended Producer Responsibility, tobacco product manufacturers may be held responsible for collection, transport, processing and safe disposal of tobacco product waste (TPW). Legislation has been applied to other toxic and hazardous postconsumer waste products such as paints, pesticide containers and unused pharmaceuticals, to reduce, prevent and mitigate their environmental impacts. Additional product stewardship (PS) requirements may be necessary for other stakeholders and beneficiaries of tobacco product sales and use, especially suppliers, retailers and consumers, in order to ensure effective TPW reduction. This report describes how a Model Tobacco Waste Act may be adopted by national and subnational jurisdictions to address the environmental impacts of TPW. Such a law will also reduce tobacco use and its health consequences by raising attention to the environmental hazards of TPW, increasing the price of tobacco products, and reducing the number of tobacco product retailers.

This article is a continuation of the discussion of Copyright Law (found in JNPD 31:5) as it applies to nursing professionals. This part focuses on the definition of "work made for hire" and how nursing professional development specialists can both protect and share their own work. Many nurses assume that they own the works they create, but authorship is not necessarily the same as ownership. Misunderstanding copyrights could put one's job and hard work at risk.

Despite what major media sources say, violence against Native women is not an epidemic. An epidemic is biological and blameless. Violence against Native women is historical and political, bounded by oppression and colonial violence. This book, like all of Sarah Deer’s work, is aimed at engaging the problem head-on-and ending it. The Beginning and End of Rape collects and expands the powerful writings in which Deer, who played a crucial role in the reauthorization of the Violence Against Women Act in 2013, has advocated for cultural and legal reforms to protect Native women from endemic sexual violence and abuse. Deer provides a clear historical overview of rape and sex trafficking in North America, paying particular attention to the gendered legacy of colonialism in tribal nations-a truth largely overlooked or minimized by Native and non-Native observers. She faces this legacy directly, articulating strategies for Native communities and tribal nations seeking redress. In a damning critique of federal law that has accommodated rape by destroying tribal legal systems, she describes how tribal self-determination efforts of the twenty-first century can be leveraged to eradicate violence against women. Her work bridges the gap between Indian law and feminist thinking by explaining how intersectional approaches are vital to addressing the rape of Native women. Grounded in historical, cultural, and legal realities, both Native and non-Native, these essays point to the possibility of actual and positive change in a world where Native women are systematically undervalued, left unprotected, and hurt. Deer draws on her extensive experiences in advocacy and activism to present specific, practical recommendations and plans of action for making the world safer for all.

Providing parents with low incomes accused of child maltreatment access to quality legal representation is both a social justice issue and potential resource for improving their children's well-being. This mixed methods research evaluates a law school clinic which provides indigent parents with legal representation by law students supervised by experienced attorneys. Thirty-nine individuals knowledgeable about the clinic (12 court professionals, 5 law school faculty, 2 parent mentors, 11 students, and 9 parent clients) participated in in-depth, semi-structured, audiotaped interviews focusing on the quality of parent representation. Interviews were contextualized by extensive participant observation and document reviews. Quantitative analyses of administrative data focused on case outcomes identified by participants as desired during qualitative interviews: family reunification, timely case closure and children's placement with relatives. Outcomes for 19 children whose parents were represented by student attorneys did not differ significantly from those of a propensity score matched comparison group of 19 children whose parents were represented by fully licensed attorneys. Participants described clinic staff as providing strong legal counsel to parents, building positive attorney–client relationships, possessing positive personal characteristics, and providing a needed service to the broader community. Participants also identified areas for improvement including: educating parents around court procedures, and better cross system collaboration between child welfare and legal professionals. The Child Protection Clinic is a promising model for providing quality legal representation to parents involved with child protection in order to support child well-being.

This article covers the basics of Copyright Law as applicable to the use of protected resources and the sharing of information by nurse professionals. It explores frequently cited justifications for copyright violation, including the doctrine of Fair Use and the Technology and Copyright Harmonization Act. It also discusses why those justifications may or may not apply to the nurse professional who teaches in a clinical setting or at a conference.

This article describes the health impacts of climate change, especially upon vulnerable populations. The bulk of the article sets forth legal and public health strategies to lessen the health impacts of climate change through adaptation and mitigation at the local, state, and national levels. It will demonstrate that action to address this emerging threat to public health is both achievable and necessary and will provide examples of current successes and challenges. © 2015 American Society of Law, Medicine & Ethics, Inc.

Smoke-free housing has transitioned from a novel concept to an accepted practice. This session will review three emerging topics of concern for property managers and residents – the use of medical or recreational marijuana; use of electronic cigarettes; and disclosure of smoking policies by property owners or managers. Twenty states and the District of Columbia permit the use of medical marijuana. Two states, Colorado and Washington, allow recreational use. Property owners are concerned that they would be required to permit the use of medical marijuana as a reasonable accommodation. This session will review the current position of the Department of Housing and Urban Development on the use of medical marijuana in the properties it subsidizes, and will discuss the legal issues for private multi-unit housing providers. The use of electronic cigarettes is increasing dramatically. Because these products are not regulated by the Food and Drug Administration, little is known of their ingredients or health risks. Proponents of the devices claim they help with cessation efforts and do not produce harmful secondhand smoke. This session will assist those working with property owners understand the options for regulating electronic cigarettes. Only a few counties and cities in California have ordinances prohibiting smoking in multi-unit properties. Smoke-free advocates elsewhere are eager to move ahead with public policies that will protect residents from second-hand smoke. This session will review the public policy option of requiring housing providers to disclosure their smoking policies, whether permitting or prohibiting, prior to rental or purchase.

Participants will learn about the variety of legal and policy strategies being applied to promote healthier food and beverage operations and outlets in states and localities across the US, with a focus on non-school public settings such as government cafeterias and vending operations, prisons, hospitals, recreational centers, parks, and similar public settings. The focus will be on policy development at the city, county, and state levels. Considerations to weigh in selecting and implementing strategies to focus on within their jurisdictions will be discussed. An overview of foundational legal principles will be provided (explaining the relationship and differences between policymaking by the three branches of government), and participants will gain a deeper understanding of the different policy levers available for use within the executive and legislative branches specifically (executive orders, rulemaking, statutes/laws, etc.) to embed nutrition standards within government food procurement activities in a systematic and sustained way. The role of the judicial branch (and relevant case law) will also be touched upon. Drawing on practical experiences based on working with government agencies and public health advocates, tips about how to research and understand the relevant legal landscape will be highlighted. Examples of how contract law issues can arise and be mitigated will be presented. Other law-related issues that commonly arise will also be explained, such as Randolph-Sheppard requirements and existing local-food sourcing requirements; and practical questions affecting how standards are to be implemented will also be discussed.

Background. Women suffer a disproportionate burden of the effects of war. Given their role as caregivers, this has important implications for family health, yet little is known about the ways in which women continue to function in their roles as mothers during war and resettlement. Aim. The study aim was to describe the parenting experiences of Somali refugee women during war and resettlement. Methods. Narrative data were collected from 14 Somali refugee women in Minneapolis using ethnographic methods. Data from semi-structured interviews were analyzed to identify patterns in the study participants’ descriptions of their parenting experiences during war and resettlement. Findings. Four common patterns in Somali refugee women’s parenting experiences emerged from the narrative data, including “trying to survive,” “the centrality of support,” “fearful mothers,” and “hope for the future.” The study participants’ narratives indicated significant trauma, and they expressed feelings of isolation, disconnectedness, and loss. However, based on the experiences shared by the study participants, it is also evident that Somali refugee mothers exhibit resilience and adaptability. Conclusions. The findings from this study suggest a need for public health professionals to gain a more comprehensive understanding of the experiences and needs of refugee mothers. Public health professionals can use these findings to direct interventions that meet the needs of refugee women and families worldwide.

Menthol cigarettes have been used for years to target vulnerable populations and are consumed by nearly half of all youth smokers. Yet when Congress prohibited most cigarettes with flavorings as part of the 2009 Tobacco Control Act, it exempted the most important flavoring of all: menthol. As a result, state and local governments are beginning to tackle the problem of menthol. Chicago has prohibited the sale of menthol tobacco products near schools, and a bill in the Hawaii Legislature would prohibit the sale of menthol flavored cigarettes altogether. These policy options raise complex legal questions which the Tobacco Control Legal Consortium, the nation’s leading legal tobacco control network, is researching and analyzing. This session will start by describing the public health problems posed by mentholated tobacco products. It will then describe the actions which the FDA has taken (and failed to take) to address this public health crisis. The bulk of the presentation will describe innovative policy approaches that state and local governments could implement to address the burden of menthol. The most direct policy approach would be a state or local government prohibition on the sale of mentholated cigarettes. Yet policy options short of a sales prohibition could also address the issue: restrictions on which establishments can sell mentholated tobacco products, increasing the price of mentholated tobacco products compared to other tobacco products, disclosure requirements, or marketing restrictions. This session will provide units of government with the information they need to prioritize interventions that address this challenging area.

Objectives: We describe how scientific evidence about obesity has been used in Minnesota legislative materials to understand how research evidence might more effectively be translated into policymaking. Methods: We selected 13 obesity-related bills introduced from 2007 to 2011 in Minnesota. Using state archives, we collected all legislative committee meeting materials and floor testimony related to each bill. We used a coding instrument to systematically analyze the content of a sample of 109 materials for their use of research evidence and non-research-based information. Results: Research evidence was mentioned in 41% of all legislative materials. Evidence was often used to describe the prevalence or consequences of obesity or policy impacts but not to describe health disparities. In 45% of materials that cited evidence, no source of evidence was indicated. By contrast, 92% of materials presented non-research-based information, such as expert beliefs, constituent opinion, political principles, and anecdotes. Conclusions: Despite an abundance of available research evidence on obesity, less than half of legislative materials cited any such evidence in discussions around obesity-related bills under consideration in Minnesota.

The importance of creating healthier work environments by providing healthy foods and beverages in worksite cafeterias, in on-site vending machines, and at meetings and conferences is drawing increasing attention. Large employers, federal and state governments, and hospital systems are significant purchasers and providers of food and beverages. The American Heart Association, federal government, and other organizations have created procurement standards to guide healthy purchasing by these entities. There is a need to review how procurement standards are currently implemented, to identify important minimum criteria for evaluating health and purchasing outcomes, and to recognize significant barriers and challenges to implementation, along with success stories. The purpose of this policy paper is to describe the role of food-and-beverage environment and procurement policy standards in creating healthier worksite environments; to review recently created national model standards; to identify elements across the standards that are important to consider for incorporation into policies; and to delineate issues to address as standards are implemented across the country.

In 2010, the Institute of Medicine (IOM) recommended that the Food and Drug Administration modify the generally recognized as safe status of sodium by setting gradually decreasing limits on sodium amounts allowed in processed and prepared foods. Establishing limits on sodium uses would lead to a decrease in sodium intake, which, on average, far exceeds dietary recommendations. This article discusses the historical and regulatory context surrounding the IOM's recommendation, analyzes its potential, offers various strategies for implementing it, and concludes that the IOM's recommendation is likely the best tool currently available to achieve widespread sodium reductions in the food supply.

Scientists play a special role in legal debates and public policy decisions. The challenge for scientists who serve as expert witnesses is to communicate effectively in various legal forums, including litigation and legislative hearings. Expert witnesses must not advocate for one side or the other but must be able to convey the meaning as well as the quality and accuracy of their work.

Purpose The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. Design and Setting The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Subjects Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. Results The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research–funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Conclusion Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.

Purpose To describe how research evidence and non–research-based information are used in testimony and other legislative documents used in arguments for and against physical activity–related bills in Minnesota. Design Content analysis Setting Documents and oral testimony archived by the Minnesota State Legislature from 2007 to 2011. Subjects Not applicable. Measures A coding instrument was developed to measure descriptive features of materials (e.g., length, document type) and the presence or absence of certain types of research evidence and non–research-based information. Analysis Frequencies of variables and measures of associations using Pearson χ² tests. Results. Over a third (36%) of the sample contained research evidence, and 88% of the sample contained non–research-based information. Compared to materials related to physical activity, materials related to built environment were significantly less likely to reference research evidence. Conclusion Despite an abundance of evidence, research evidence was present in only about one-third of the sample. There may be opportunities during legislative discussions on the built environment for obesity-related data to help make the case for sound policies.

As state and local governments increase restrictions on cigarette smoking, tobacco manufacturers have shifted to marketing alternative tobacco products. Tobacco control laws need to be updated to reflect this shifting marketplace. With the 2010 enactment of the Tobacco Modernization and Compliance Act, Minnesota addressed regulatory gaps and created a model law for other states. We have detailed the updated definitions of tobacco and tobacco products and identified ways that future laws could be strengthened. (Am J Public Health. Published online ahead of print December 12, 2013: e1-e3. doi:10.2105/AJPH.2013.301747).

Each of the five main goals set out in the IOM’s report, Accelerating Progress in Obesity Prevention (“IOM Report”), includes recommended strategies and actions that raise questions of law and legal authority. In many instances, the IOM’s recommendations can be accomplished most directly and efficiently through mandatory regulation or legislation — for example, imposing taxes to decrease consumption of sugar-sweetened beverages (SSBs), passing laws that require substantial physical education periods in schools, or promulgating regulations that ensure nutrition standards for foods and beverages sold or served in educational settings. Much has been written on using legislation to support obesity prevention efforts. The route of direct legislation, however, is not always readily available — as the so-far-unsuccessful effort to pass taxes on SSBs, for example, vividly illustrates.