Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 35

Full-Text Articles in Entire DC Network

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman Feb 2022

The Irrepressible Myth Of Jacobson V. Massachusetts, Josh Blackman

Buffalo Law Review

During the COVID-19 outbreak, Jacobson v. Massachusetts became the fountainhead for pandemic jurisprudence. Courts relied on this 1905 precedent to resolve disputes about religious freedom, abortion, gun rights, voting rights, the right to travel, and many other contexts. But Justice John Marshall Harlan’s decision was very narrow. It upheld the state’s power to impose a nominal fine on an unvaccinated person. No more, no less. Yet, judges now follow a variant of Jacobson that is far removed from the Lochner-era decision. And the Supreme Court is largely to blame for these errors. Over the course of a century, four prominent …


Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley Jan 2020

Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley

Buffalo Human Rights Law Review

No abstract provided.


Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski May 2019

Law And Power In Health Care: Challenges To Physician Control, Mary Anne Bobinski

Buffalo Law Review

No abstract provided.


Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn Aug 2015

Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn

Buffalo Law Review

No abstract provided.


When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey Apr 2013

When Caring Is Work: Home, Health, And The Invisible Workforce: Introduction, Dianne Avery, Martha T. Mccluskey

Buffalo Law Review

This essay introduces the SUNY Buffalo Law School 2012 James McCormick Mitchell Lecture. The Lecture featured distinguished scholars Hendrik Hartog, Jennifer Klein, and Peggie R. Smith, who each contributed an essay to this volume. These three scholars give a richly detailed picture of home caretakers' struggles to gain visibility and support for their important work. Legal rulings and policy choices have made care workers distinctly vulnerable, treating care services as an expression of love rather than contract (as Hartog describes), or as social rehabilitation for marginal citizens rather than as skilled health care provision (as Klein explains), or as informal …


Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith Apr 2013

Who Will Care For The Elderly?: The Future Of Home Care, Peggie R. Smith

Buffalo Law Review

No abstract provided.


When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle Sep 2011

When Push Comes To Shove: Mandatory Immunization In Times Of Pandemic-Type Emergencies, Philip P. Houle, Suzanne R. Houle

Buffalo Public Interest Law Journal

No abstract provided.


A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin Sep 2010

A Breeding Ground For Communicable Disease: What To Do About Public Health Hazards In New York Prisons, Claire Fortin

Buffalo Public Interest Law Journal

No abstract provided.


A Parent's Choice V. Governmental Regulations: A Bioethical Analysis In An Era Of Preimplantation Genetic Diagnosis, Michael Gortakowski Sep 2010

A Parent's Choice V. Governmental Regulations: A Bioethical Analysis In An Era Of Preimplantation Genetic Diagnosis, Michael Gortakowski

Buffalo Public Interest Law Journal

No abstract provided.


Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano Sep 2009

Healing Or Homicide?: When Parents Refuse Medical Treatment For Their Children On Religious Grounds, Emily Catalano

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman Jan 2009

Words To Live By: Public Health, The First Amendment, And Government Speech, Jess Alderman

Buffalo Law Review

No abstract provided.


Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii Dec 2008

Hard Ball, Soft Law In Mlb: Who Died And Made Wada The Boss?, George T. Stiefel Iii

Buffalo Law Review

No abstract provided.


Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein Sep 2008

Romance Is Dead: Mail Order Bridges As Surrogate Corpses, Daniel Epstein

Buffalo Journal of Gender, Law & Social Policy

No abstract provided.


Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert Jan 2007

Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert

Buffalo Law Review

No abstract provided.


Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann Dec 2006

Federal Court Self-Preservation And Terri Schiavo, Jack M. Beermann

Buffalo Law Review

No abstract provided.


Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie Sep 2002

Changing Boundaries: Child Abuse, Public Health, And Separation Of Church And State, Brian K. Gran, Laurel Gaddie

Buffalo Public Interest Law Journal

No abstract provided.


Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien Sep 2002

Human Cloning: Beyond The Realm Of The Constitutional Right To Procreative Liberty, Maureen Mcbrien

Buffalo Public Interest Law Journal

No abstract provided.


Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo Sep 2001

Examining Global Access To Essential Pharmaceuticals In The Face Of Patent Protection Rights: The South African Example, Bess-Carolina Dolmo

Buffalo Human Rights Law Review

No abstract provided.


The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii Jan 2000

The Legal Bounds Of Physician Conduct Hastening Death, Norman L. Cantor, George C. Thomas Iii

Buffalo Law Review

No abstract provided.


Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding Jan 2000

Capital Punishment As Human Sacrifice: A Societal Ritual As Depicted In George Eliot's Adam Bede, Roberta M. Harding

Buffalo Law Review

No abstract provided.


Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane Sep 1998

Mandatory Reporting Of Domestic Violence: An Inappropriate Response For New York Health Care Professionals, Mia M. Mcfarlane

Buffalo Public Interest Law Journal

No abstract provided.


The Right To Treatment For Involuntarily Committed Sex Offenders In The Wake Of Kansas V. Hendricks, David Depugh Sep 1998

The Right To Treatment For Involuntarily Committed Sex Offenders In The Wake Of Kansas V. Hendricks, David Depugh

Buffalo Public Interest Law Journal

No abstract provided.


Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith Jan 1998

Mandatory Hiv Testing For Convicted Or Accused Sex Offenders: Toward A Model Scheme, Kimberly Smith

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen Sep 1997

The Open Door: Will The Right To Die Survive Washington V. Glucksberg And Vacco V. Quill?, Adam J. Cohen

In the Public Interest

No abstract provided.


Women And Hiv: The Barriers To Protection, J. P. Howlett Jan 1997

Women And Hiv: The Barriers To Protection, J. P. Howlett

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Withdrawal Of Life Support: Conflict Among Patient Wishes, Family, Physicians, Courts And Statutes, And The Law, Lynda M. Tarantino Apr 1994

Withdrawal Of Life Support: Conflict Among Patient Wishes, Family, Physicians, Courts And Statutes, And The Law, Lynda M. Tarantino

Buffalo Law Review

No abstract provided.


Health Care In New York State Prisons, Linda Sollish Sikka Sep 1993

Health Care In New York State Prisons, Linda Sollish Sikka

In the Public Interest

No abstract provided.


The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley Apr 1993

The Creation And Perpetuation Of The Mother/Body Myth: Judicial And Legislative Enlistment Of Norplant, Madeline Henley

Buffalo Law Review

No abstract provided.


Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree Apr 1993

Control Of Childbearing By Hiv-Positive Women: Some Responses To Emerging Legal Policies, Suzanne Sangree

Buffalo Law Review

No abstract provided.


Umbilical Cords: The New Drug Connection, Margaret Phillips Apr 1992

Umbilical Cords: The New Drug Connection, Margaret Phillips

Buffalo Law Review

No abstract provided.