Law Commons^™

Slides: Untitled [Colorado Attorney General's Office], Carol Harmon

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Carol Harmon, Colorado Attorney General's Office

8 slides

Abstract: When does the State require directional drilling? Can landowners require it in Surface Use Agreements? What does Colorado's version of the accommodation doctrine mean for directional drilling?

Implications Of The Precautionary Principle For Environmental Regulation In The United States: Examples From The Control Of Hazardous Air Pollutants In The 1990 Clean Air Act Amendments, Bernard D. Goldstein, Russellyn S. Carruth

Law and Contemporary Problems

Goldstein and Carruth argue that the hazardous air pollutant provisions of the 1990 Clean Air Act Amendments provide an example of the Precautionary Principle incorporated into US environmental legislation. Evaluating the outcome thus far leads them to the conclusion that utilizing the Precautionary Principle as a basis for legislation can be problematic to public-health goals.

The “Bad Science” Fiction: Reclaiming The Debate Over The Role Of Science In Public Health And Environmental Regulation, Wendy E. Wagner

Law and Contemporary Problems

Wagner argues that the good-science reforms miss the mark and have the potential to cause significant damage to already crippled administrative processes. Background information is presented relating to the sources of dissatisfaction with regulatory science and how the three most popular reforms purport to address these concerns.

War & Public Health In The Twenty-First Century, Barry S. Levy, Victor W. Sidel

New England Journal of Public Policy

War has profound adverse effects on public health. War leads to death for military personnel and especially for civilians, long-term physical and psycho- logical consequences to survivors, destruction of sociocultural and ambient environments, and diversion of needed resources. In addition, war legalizes and promotes violence as a mode of solving problems. These and related issues relating to war in the twenty-first century are analyzed in this paper. The authors discuss several approaches to preventing war and minimizing its consequences on health — including addressing the underlying problems that often lead to war, promoting a culture of peace, and controlling weapons.

Crimes And Offenses Offenses Against Public Health And Morals: Repeal Prohibition Against Consuming Water On Public Transit, Ronald Griffin

Georgia State University Law Review

The Act repeals the prohibition against consuming bottled water on public transit.

Affixing Blame: Ideologies Of Hiv/Aids In Thailand, Tarik Abdel-Monem

San Diego International Law Journal

This Article focuses on ideologies of the HIV/AIDS epidemic in Thailand, one of many nations where the HIV/AIDS pandemic has reached alarming levels. Not unlike other nations struggling with HIV/AIDS, an epidemic of stigma and blame has developed in Thailand with increasing rates of infection among the population. Understandings of whom to blame for the epidemic, and how to realize appropriate solutions, have likewise developed as the epidemic continues to persist and spread. This Article examines these ideologies and how they are mediated through the lens of popular culture in contemporary Thailand. It attempts to examine the reasoning of such …

The Built Environment And Its Relationship To The Public's Health: The Legal Framework, Wendy Collins Perdue

Law Faculty Publications

Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article re- views the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment.

Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone

Law Faculty Publications

In 2000, the Center for Disease Control and Prevention's National Center for Environmental Health issued a report that explored some of the ways in which "sprawl" impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report "a ludicrous sham" and argued that the CDC should stick to "fighting physical diseases, not defending political ones."

In this environment, it is understandable if the CDC looks to such …

The Invention Of Health Law, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

By default, the courts are inventing health law. The law governing the American health system arises from an unruly mix of statutes, regulations, and judge-crafted doctrines conceived, in the main, without medical care in mind. Courts are ill-equipped to put order to this chaos, and until recently they have been disinclined to try. But political gridlock and popular ire over managed care have pushed them into the breach, and the Supreme Court has become a proactive health policy player. How might judges make sense of health law's disparate doctrinal strands? Scholars from diverse ideological starting points have converged toward a …

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the United States, Russia, and by extension, the world as a whole, are pursuing a fundamentally sound strategy in retaining, rather than destroying, the last known remaining samples of the variola virus. For now, those samples are housed in secure, deep-freeze storage at the U.S. Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia and at the comparable Russian facility, known as Vector, near Novosibirsk, Siberia. But that basic decision is about the only correct move we are making at this time - and even it is animated by fundamental misapprehensions about …

Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese

Fordham Urban Law Journal

This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Faculty Scholarship

In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …