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Full-Text Articles in Law

A Cleaner, Crispr Constitution: Germline Editing And Fundamental Rights, Andrew Cunningham Mar 2019

A Cleaner, Crispr Constitution: Germline Editing And Fundamental Rights, Andrew Cunningham

William & Mary Bill of Rights Journal

No abstract provided.


Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley Mar 2019

Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley

William & Mary Environmental Law and Policy Review

In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter ...


Prosecuting Poverty, Criminalizing Care, Wendy A. Bach Feb 2019

Prosecuting Poverty, Criminalizing Care, Wendy A. Bach

William & Mary Law Review

In 2013, state legislators sitting at the heart of America’s opiate epidemic created the crime of fetal assault. Although they offered a fairly standard series of criminologic rationales to justify the legislation, they also posited that the creation of this crime was a precondition to secure treatment (or care) resources for women addicted to opiates. This extraordinary supposition—that criminalizing conduct creates a road to care—is an outgrowth of three interlinked socio-legal trends: the building of the carceral state, the criminalization of poverty, and the rapid growth, since the late 1980s, of a new generation of problem-solving courts ...


Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman Jun 2018

Beyond Gift And Bargain: Some Suggestions For Increasing Kidney Exchanges, Nathan B. Oman

Faculty Publications

Each year, thousands of people in the United States die from end stage renal disease (ESRD), despite the fact that we have the medical knowledge necessary to save them. The reason is simple: these people need a kidney transplant and we have too few kidneys. Given our current technology, the only way to meet the massive annual shortfall between the number of kidneys that are donated and the number of kidneys that are necessary to save the lives of those with ESRD is to increase the number of living donations. The debate on how to do so has often pitted ...


Microscopic Allies: Examining And Tackling Legal And Regulatory Barriers To The Development Of Phage Therapy, Jacob Zent Feb 2018

Microscopic Allies: Examining And Tackling Legal And Regulatory Barriers To The Development Of Phage Therapy, Jacob Zent

William & Mary Environmental Law and Policy Review

No abstract provided.


The Biologics Price Competition And Innovation Act: Is A Generic Market For Biologics Attainable?, Kasey E. Koballa Feb 2018

The Biologics Price Competition And Innovation Act: Is A Generic Market For Biologics Attainable?, Kasey E. Koballa

William & Mary Business Law Review

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) provides an abbreviated approval pathway for biological therapeutic products shown to be biosimilar to an FDA-approved biological reference product. The BPCIA purported to reduce the price of biologics while promoting innovation. In two recent cases, the Federal Circuit interpreted a key provision of the BPCIA requiring an applicant to provide the reference product sponsor with notice 180 days before marketing the product. The Federal Circuit’s interpretation extends the exclusivity period already provided for the reference product sponsor, deterring innovation and price reduction. Thus, the Supreme Court granted certiorari in ...


Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts Oct 2016

Ptsd, Tbi, And Oth Discharges: A Case Study Of A Young Service Member, Patricia E. Roberts

Faculty Publications

No abstract provided.


Coercing Pregnancy, A. Rachel Camp Feb 2015

Coercing Pregnancy, A. Rachel Camp

William & Mary Journal of Race, Gender, and Social Justice

Intimate partners coerce thousands of women in the United States into pregnancy each year through manipulation, threats of violence, or acts that deliberately interfere with the use of, or access to, contraception or abortion. Although many of these pregnancies occur within the context of otherwise abusive relationships, for others, pregnancy serves as a trigger for intimate partner violence. Beyond violence preceding or resulting from pregnancy, women who experience coerced pregnancies often suffer other physical, financial and emotional harms. Despite its correlation to domestic violence, reproductive coercion fits imperfectly, if at all, within our existing laws designed to combat domestic violence ...


A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons Dec 2014

A Travesty Of Justice: Revisiting Harris V. Mcrae, Jill E. Adams, Jessica Arons

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose Dec 2014

Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose

William & Mary Environmental Law and Policy Review

No abstract provided.


Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton Jul 2014

Liberty Without Capacity: Why States Should Ban Adolescent Driving, Vivian E. Hamilton

Faculty Publications

No abstract provided.


Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann May 2014

Conversion Therapy And Free Speech: A Doctrinal And Theoretical First Amendment Analysis, Clay Calvert, Kara Carnley, Brittany Link, Linda Riedmann

William & Mary Journal of Race, Gender, and Social Justice

This Article analyzes, from both a doctrinal and theoretical perspective, the First Amendment speech interests at stake before the U.S. Court of Appeals for the Ninth Circuit in Welch v. Brown and Pickup v. Brown. Those cases pivot on a controversial California law banning mental health providers from performing sexual orientation change efforts (also known as conversion therapy) on minors. Two district court judges reached radically different conclusions about the First Amendment questions. The Article explores how a trio of recent Supreme Court decisions involving seemingly disparate factual scenarios—Brown v. Entertainment Merchants Association, United States v. Alvarez and ...


Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly May 2014

Increasing Victimization Through Fetal Abuse Redefinition, Margaret Kelly

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood, Abigail Norris Apr 2014

An Inevitable Conflict: The Subordination Of Contract Principles To Informed Consent In The Business Of Banking Umbilical Cord Blood, Abigail Norris

William & Mary Business Law Review

This Note explores the business of banking umbilical cord blood for later, and potentially life-saving, use. It discusses the importance of the stem cells found in umbilical cord blood, and the complexities involved in applying business models to its collection, storage, and use. Furthermore, this Note discusses how contracts governing the storage and use of umbilical cord blood can conflict with concepts of human dignity and informed consent. It concludes that in the event umbilical cord blood banking contracts conflict with informed consent, the contract should be subordinated to a person’s understanding, acquired through procedures intended to achieve the ...


Establishing A Floor: Minimum Remediation Requirements For Meth Labs, Chelsea Bobo Feb 2014

Establishing A Floor: Minimum Remediation Requirements For Meth Labs, Chelsea Bobo

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler Dec 2013

Introduction: A Global Approach To Reproductive Justice—Psychosocial And Legal Aspects And Implications, Joan C. Chrisler

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman Dec 2013

Bad Medicine: Abortion And The Battle Over Who Speaks For Women's Health, Andrea D. Friedman

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz Dec 2013

Adequate Assurance Or Medical Mediocrity: An Analysis Of The Limits On The Affordable Care Act's Application To Women's Health, Nicole M. Hartz

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey Dec 2013

Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey

William & Mary Environmental Law and Policy Review

No abstract provided.


Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer May 2013

Veterans Affairs Benefits For Sexually Assaulted Male Veterans, Reid C. Schweitzer

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Medical Conscience And The Policing Of Parenthood, Richard F. Storrow Feb 2010

Medical Conscience And The Policing Of Parenthood, Richard F. Storrow

William & Mary Journal of Race, Gender, and Social Justice

As state and local anti-discrimination provisions become more and more comprehensive, physicians who refuse to treat patients for reasons of sexual orientation or marital status are beginning to face legal liability. Increasingly, physicians are invoking codes of medical ethics alongside more familiar constitutional law claims in support of their claim to insulation from legal liability. This Article explores what medical ethics has to say about physicians who, for sincerely held religious reasons, refuse to treat patients for reasons of sexual orientation or marital status. The issue is explored through the lens of a case recently decided by the California Supreme ...


Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss Jul 2009

Assessing Substance Abuse And Mental Health Among Lawyers, Susan Grover, Mark R. Voss

Popular Media

No abstract provided.


Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer Jul 2009

Book Review Of Unspeakable: The Story Of Junius Wilson, Michael Ashley Stein, Aviam Soifer

Faculty Publications

No abstract provided.


The Not-So-Safe Drinking Water Act: Why We Must Regulate Hydraulic Fracturing At The Federal Level, Angela C. Cupas Feb 2009

The Not-So-Safe Drinking Water Act: Why We Must Regulate Hydraulic Fracturing At The Federal Level, Angela C. Cupas

William & Mary Environmental Law and Policy Review

No abstract provided.


Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn Apr 2008

Mothers Versus Babies: Constitutional And Policy Problems With Prosecutions For Prenatal Maternal Substance Abuse, Meghan Horn

William & Mary Journal of Race, Gender, and Social Justice

This note examines the constitutional and policy implications of criminal prosecutions for prenatal maternal substance abuse under statutes criminalizing drug delivery, child abuse, and manslaughter. Although only one of these convictions has been upheld in the thirty years since a prosecutor first brought such charges, prosecutors continue to propose new and increasingly inventive theories of prosecution. Not only do these cases present procedural due process, substantive due process, and equal protection problems, they also cannot be supported by public policy. The prosecutions are opposed by healthcare workers, pit the interests of mothers and unborn children against each other, and actually ...


Response - Jay Katz: From Harms To Risks, Larry I. Palmer Jul 2006

Response - Jay Katz: From Harms To Risks, Larry I. Palmer

Faculty Publications

No abstract provided.


Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer Apr 2005

Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer

Faculty Publications

No abstract provided.


Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein Feb 2005

Curioser And Curioser: Involuntary Medications And Incompetent Criminal Defendents After Sell V. United States, Dora W. Klein

William & Mary Bill of Rights Journal

No abstract provided.


Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades Jan 2005

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.


Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner Feb 2004

Confidentiality And Juvenile Mental Health Records In Dependency Proceedings, David R. Katner

William & Mary Bill of Rights Journal

Providing children's disclosures to their mental health therapists greater protection in juvenile dependency cases recognizes the importance of privacy in therapeutic communications. Numerous children are required by juvenile courts to divulge the most intimate details of their lives to mental health experts only to have those disclosures revealed in court proceedings. Reversing the presumption that children's mental health records may be discussed openly in dependency litigation and requiring courts to perform in camera reviews affords children the dignity and respect adults take for granted. Ensuring greater confidentiality for children's mental health records is one step the legal ...