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Articles 1 - 30 of 100
Full-Text Articles in Entire DC Network
Does This Law Apply To Me? An Examination Of States’ Good Samaritan Overdose Laws And A Policy Proposal For A Uniform Approach To Combatting The Opioid Epidemic, Labiba Salim
Seton Hall Journal of Legislation and Public Policy
No abstract provided.
Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone
Decreasing The United States’ Maternal Mortality Rate: Using Policies Of Other High-Income Countries As A Model, Leah Frattellone
Pace International Law Review
The United States has the highest maternal mortality rate among high-income countries. This article focuses on policies the United States can implement to decrease the maternal mortality rate, with a focus on access to abortion, the standard of care for pregnant women and new mothers, access to healthcare, and family leave. This article also explores policies surrounding those areas in other high-income countries and analyzes the differences in both the actual policies and the outcomes of those policies. To effectively decrease the maternal mortality rate in the United States, policies from other high-income countries, with lower maternal mortality rates should …
Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review, Ian T. Liu, Vinay Prasad, Jonathan D. Darrow
Evidence For Community Face Masking To Limit The Spread Of Sars-Cov-2: A Critical Review, Ian T. Liu, Vinay Prasad, Jonathan D. Darrow
Health Matrix: The Journal of Law-Medicine
The use of facemasks in community settings has become an accepted public policy response to decrease disease transmission during the COVID-19 pandemic. Yet evidence of facemask efficacy is based primarily on observational studies that are subject to confounding and on mechanistic studies that rely on surrogate endpoints (such as droplet dispersion) as proxies for disease transmission. The available clinical evidence of facemask efficacy is of low quality and the best available clinical evidence has mostly failed to show efficacy, with fourteen of sixteen identified randomized controlled trials comparing face masks to no mask controls failing to find statistically significant benefit …
Indian Policing: Agents Of Assimilation, Kekek Jason Stark
Indian Policing: Agents Of Assimilation, Kekek Jason Stark
Case Western Reserve Law Review
No abstract provided.
Religious Freedom Vs. Compelled Vaccination: A Case-Study Of The 2018-2019 Measles Pandemic Or The Law As A Public Health Response, Barbara Pfeffer Billauer Esq.
Religious Freedom Vs. Compelled Vaccination: A Case-Study Of The 2018-2019 Measles Pandemic Or The Law As A Public Health Response, Barbara Pfeffer Billauer Esq.
Catholic University Law Review
Following the recent decision in Roman Catholic Diocese v. Cuomo,[1] clear guidance regarding the state’s powers to act during a pandemic is wanting. I look here to the 2018–2019 global measles epidemic, with a focus on the New York and Israeli experiences, for that guidance. Measles rates increased dramatically during the 2018–2019 season, both in the United States and globally. This phenomenon reflects a general decline in worldwide vaccination and an increase in vaccine resistance stoked by anti-vax groups. In the United States, the epidemic targeted ultra-Orthodox Jewish communities, as it did in Israel. This Article evaluates the …
Anti-Vax Fear* Speech: A Public-Health-Driven Policy Initiative When Counter-Speech Won't Work (*Fake, Flawed, Fraudulent, False, Endangering, And Reckless), Barbara Pfeffer Billauer
Anti-Vax Fear* Speech: A Public-Health-Driven Policy Initiative When Counter-Speech Won't Work (*Fake, Flawed, Fraudulent, False, Endangering, And Reckless), Barbara Pfeffer Billauer
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis
Medicate And Segregate: How Due Process Fails To Protect Mentally Ill Inmates From Medically Inappropriate Confinement And Restraint, Peter J. Teravskis
Minnesota Journal of Law, Science & Technology
No abstract provided.
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
Journal of Food Law & Policy
Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …
Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele
Building Back Better: Investing In A Resilient Recovery For Washington State, Kevin Tempest, Jonah Kurman-Faber, Ruby Wincele
Washington Journal of Environmental Law & Policy
This article analyzes the potential jobs and community health benefits created by a sample Resilient Recovery Portfolio of investments in Washington State. This type of investment mindset can kick-start job growth, shared economic prosperity, cleaner air, and climate-resilient communities, thereby serving as a template for Building Back Better in Washington and elsewhere. A Resilient Recovery Portfolio supports over ten jobs per million dollars invested in clean transportation, forest conservation and ecosystem restoration, clean energy, water and energy efficiency, low carbon agriculture, and sustainable industry programs. By comparison, the state’s ten largest industries support 4.3 jobs per million dollars invested. This …
Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky
Climate-Change Related "Non-Economic Loss And Damage" And The Limits Of Law, Anastasia Telesetsky
San Diego Journal of Climate & Energy Law
This article examines the concept of “loss and damage” in a world where climate impacts are being experienced over multiple years increasingly at the community level and, as in the case of Mozambique’s lengthy recovery from Cyclone Idai, at a national level. As climate impacts increase in prevalence, policymakers are focusing greater attention on how to address the destruction and depletion from “natural” events, where the severity and frequency of these events have been exacerbated by human-fueled climate change. There is a growing recognition that these types of ongoing climate-related “problems of loss cannot be analytically or ethically assigned to …
Proceedings Of The 2019 California Water Law Symposium Panel Organized By Ggu School Of Law: Sgma And Interconnected Groundwatersurface Water, Kevin O'Brien, Richard Frank, Andy Sawyer, Alletta Belin, Paul Stanton Kibel
Proceedings Of The 2019 California Water Law Symposium Panel Organized By Ggu School Of Law: Sgma And Interconnected Groundwatersurface Water, Kevin O'Brien, Richard Frank, Andy Sawyer, Alletta Belin, Paul Stanton Kibel
Golden Gate University Environmental Law Journal
California’s Sustainable Groundwater Management Act (“SGMA”) has been the topic of many discussions since its enactment in 2014. The overarching goal of SGMA is to achieve sustainable groundwater basins through management plans “without causing undesirable results.” Considering the importance and magnitude of this task, it comes as no surprise that SGMA was the theme for the February 2019 California Water Law Symposium, held at the University of California (“UC”), Hastings College of Law in San Francisco. For the Symposium, Golden Gate University School of Law (“GGU”) students gathered a panel of experts to explore the relationship between groundwater plans and …
Stewarding Species: How The Endangered Species Act Must Improve, Justin Berchiolli
Stewarding Species: How The Endangered Species Act Must Improve, Justin Berchiolli
UC Irvine Law Review
This Note situates a roundtable discussion hosted by the University of California, Irvine School of Law Center for Land, Environment, and Natural Resources and the Environmental Policy Innovation Center into scholarly discourse. The Note identifies the three most important areas that the Endangered Species Act must improve to maximize conservation outcomes: promoting recovery, protecting habitat, and managing change. Within these areas, this Note highlights the importance of offering clearer guidance to the implementing Agencies, providing additional flexibility for working with private stakeholders, allowing for change and risk adaptation, increasing ecosystem-management implementation, and enabling proactivity.
Meat Processing Workers And The Covid-19 Pandemic: The Subrogation Of People, Public Health, And Ethics To Profits And A Path Forward, Kelly K. Dineen
Meat Processing Workers And The Covid-19 Pandemic: The Subrogation Of People, Public Health, And Ethics To Profits And A Path Forward, Kelly K. Dineen
Saint Louis University Journal of Health Law & Policy
The COVID-19 pandemic has highlighted and exacerbated existing health injustices. People who are Latino/Latinx, Black, Indigenous or members of other minority groups have disproportionately paid with their very lives. The pandemic has also exposed the complex interdependence of worker health and well-being, community health, and economic security. Industries like meat processing facilities—with congregate and high-density workplaces staffed by workers who are already disadvantaged by structural discrimination—must reckon with decades of subrogation and exploitation of workers. During this pandemic, the industry has pushed that exploitation to a point of no return. Policies to protect workers need a reset to an orientation …
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
The Urgent Need For Legal Scholarship On Firearm Policy, Dru Stevenson
Buffalo Law Review
Restrictions on federal funding for research pertaining to firearm policy have stymied academic inquiry by social science and public health researchers for over two decades. As a result, most researchers agree that our public discourse about this urgent issue is woefully under-informed, or even ill-informed, on both sides of the debate. Legal academia, which does not operate under the same grant-writing regime as most other disciplines, can and should help fill this gap in researching and theorizing the unresolved questions related to firearm policy. In fact, theoretical development and clarification from the legal academy is often a necessary antecedent for …
A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, And First Amendment Overprotection, Cynthia M. Ho
A Dangerous Concoction: Pharmaceutical Marketing, Cognitive Biases, And First Amendment Overprotection, Cynthia M. Ho
Indiana Law Journal
Is more information always better? First Amendment commercial speech jurisprudence takes this as a given. However, when information is only available from a self-interested and marketing-savvy pharmaceutical company, more information may simply lead to more misinformation. Notably, doctors are also misled. This can result in public health harms when companies are promoting unapproved uses of prescription drugs that the Food and Drug Administration (FDA) has approved for other purposes—commonly referred to as “off-label” uses. Contrary to judicial presumptions, as well as the presumptions of some doctors and scholars, doctors are not sophisticated enough to always discern what is true versus …
Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning
Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning
Villanova Environmental Law Journal
No abstract provided.
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
Addiction As Capabilities Failure, Jennifer Prah Ruger, Kara Zhang
University of Pennsylvania Journal of Law and Public Affairs
No abstract provided.
Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah
Doctors On The Take: Aligning Tort Law To Address Drug Company Payments To Prescribers, Lars Noah
Buffalo Law Review
The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to physicians: medical and industry groups adopted voluntary codes, federal agencies published advisory guidelines, and, most recently, state and federal legislatures enacted reporting laws. Self-regulation, threats of prosecution, and transparency initiatives have tempered the practice, but manufacturers continue to find clever ways of purchasing the loyalty of …
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Report And Recommendations Concerning Environmental Aspects Of The New York State Constitution, New York State Bar Association Environmental And Energy Law Section
Pace Law Review
The purpose of the Report is to inform and enrich understanding of environmental issues which may be considered at a Constitutional Convention (should one occur) or with respect to proposals to amend the Constitution through the legislative process.
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Catholic University Law Review
Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …
2016 Bench Memorandum
Pace Environmental Law Review Online Companion
No abstract provided.
2016 National Environmental Law Moot Court Competition Problem
2016 National Environmental Law Moot Court Competition Problem
Pace Environmental Law Review Online Companion
No abstract provided.
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Learning To Live With The Trickster: Narrating Climate Change And The Value Of Resilience Thinking, Robin Kundis Craig
Pace Environmental Law Review
This article is based on the 2015 Pace Garrison Lecture that occurred on April 1, 2015. Fittingly for a talk given on April Fool’s Day, this article focuses on tricksters. It posits that framing climate change as one incarnation of a mythological trickster can give us a better cultural narrative framework for thinking about environmental, natural resources, and energy law and policy in a climate change era. The trickster narrative can helpfully displace the dominant engineering framework that informs most of American10 environmental, natural resources, and energy law and policy and open the way to a more productive policy context …
Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler
Ghost Bears: The Plight Of The North Cascades Grizzly Bear, Adam Bowler
Seattle Journal of Environmental Law
No abstract provided.
The Not So "Sweet Surprise": Lawsuits Blaming Big Sugar For Obesity-Related Health Conditions Face An Uphill Battle, Catherine Srithong Wicker
The Not So "Sweet Surprise": Lawsuits Blaming Big Sugar For Obesity-Related Health Conditions Face An Uphill Battle, Catherine Srithong Wicker
Journal of Law and Health
Because obesity and its associated health problems have been largely attributed to poor self-control, laziness, and various other personal failings, society has been unwilling to assign blame to food manufacturers for their role in contributing to this problem. But, as consumers are becoming more aware of the significantly harmful effect that poor diets can have on a person’s heath, the scales may be tipping in favor of bringing “Big Food” to court. Food manufacturers, however, are not exactly vulnerable. Armed with precedent disputing the causal link between consumption of fast food and adverse health effects, judicially-created barriers to admitting epidemiologic …
The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander
The Most Important Current Research Questions In Urban Ecosystem Services, James Salzman, Craig Anthony (Tony) Arnold, Robert Garcia, Keith Hirokawa, Kay Jowers, Jeffrey Lejava, Margaret Peloso, Lydia Olander
Duke Environmental Law & Policy Forum
No abstract provided.
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
Intellectual Property, The Free Movement Of Goods And Trade Restraint In The European Union, Jarrod Tudor
The Journal of Business, Entrepreneurship & the Law
The European Union (“EU”) is the most significant trade partner of the United States. Trading in goods protected by intellectual property rights remains a challenge for American business entities as they are forced to sift through a myriad of law consisting of the federal intellectual property law of the EU and the intellectual property law of the member states. The European Court of Justice (“ECJ” or “the Court”) has been faced with dozens of complex cases arising out of conflicts between the national law of the member states and the Articles of the Treaty on the Functioning of the European …
Millennium Development Goal 5, Human Rights, And Maternal Health In Africa: Possibilities, Constraints, And Future Prospects, Obiajulu Nnamuchi
Millennium Development Goal 5, Human Rights, And Maternal Health In Africa: Possibilities, Constraints, And Future Prospects, Obiajulu Nnamuchi
Annals of Health Law and Life Sciences
No abstract provided.
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
You Don't Own Me: Feral Dogs And The Question Of Ownership, Stacy A. Nowicki
Animal Law Review
Feral dogs occupy an ambiguous position, challenging standard categories of domestication, wildness, and property ownership. This ambiguity, in turn, complicates the legal status of feral dogs. Feral dogs' property status is particularly critical, as whether a feral dog is owned by someone, or no one at all, hold implications not only for civil and criminal liability in incidents involving feral dogs, but also the legal ability of animal rescue organizations to intervene in the lives of feral dogs. Part II of this Article summarizes the application of property law to animals, particularly highlighting the role played by an animal's status …
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
Drug Testing And Privacy In The Workplace, 29 J. Marshall J. Computer & Info. L. 463 (2012), Adam D. Moore
UIC John Marshall Journal of Information Technology & Privacy Law
No abstract provided.