Law Commons^™

At&T V. Hulteen: The Ghost Of The Supreme Court On Pregnancy Discrimination And Pay Equality For Women’S Pension Benefits In America, Walakewon Blegay

Articles in Law Reviews & Journals

Historically, discrimination against women concerning childbirth and pregnancy was legally sanctioned and resulted in fewer advantages for women in the workforce. Most employers discharged a woman as soon as she became noticeably pregnant, and if she returned, she was considered a new, rather than a returning employee. Before 1978, many employers would give female employees a maximum of thirty days of credited pregnancy-related disability leave, while non-pregnant employees would receive unlimited credit for disability leave. In 1978, Congress enacted the Pregnancy Discrimination Act (PDA), requiring that employers treat pregnant employees the same as employees who were not pregnant.

These laws …

Money, Meet Mouth: The Era Of Regulation And Prescription Drug Importation/Reimportation, Aaron Wong

Articles in Law Reviews & Journals

The author explores why our country has failed to devote the necessary resources to health care, and in particular prescription drug importation and reimportation, in an economic and legal context. He analyzes the unique market characteristics of the pharmaceutical industry, the framework of pharmaceutical drug regulation including prescription drug importation, and the regulatory structure of importation in general. Part II provides background on the health care industry and prescription drug markets in the U.S. and abroad. Part III examines legislative proposals for drug importation and reimportation and the controversial congressional reaction to rising prescription drug prices in the U.S. Part …

Regulating Secondhand Tobacco Smoke In The Americas: A Comparison Of The Top Down And Bottom Up Approaches In Brazil And The United States, Leigh Warren

Articles in Law Reviews & Journals

The author presents a comparative analysis of the legal approaches to regulate Second Hand Smoke (SHS) in Brazil and the United States. Part II reviews the FCTC, its objective to achieve smoke-free public places, and the legal framework supporting freedom from SHS as a human right. Parts III and IV examine Brazil’s top down and the United States’ bottom up approaches to regulating SHS through legislative and judicial measures. Part V presents a comparative analysis of the two approaches and offers recommendations based on lessons learned from each approach. Because neither approach is perfect, Part V also discusses the role …

Reexamining Models Of Disability And Applying Rationality, Morality, And Ethics To Support Disability Rights In Context Of Genetics, Gary C. Norman

Articles in Law Reviews & Journals

The author discusses genetic and assistive reproduction science and technology in light of their impact on people with disabilities. Specifically, he focuses on the prism of the models through which disability is recognized. If applied in a manner such that the best facets of both models of disability can bear forth, then the position of the author, a person with a vision disability, is that his colleagues in the disability civil rights movement should not reflexively excoriate genetic and assisted reproduction science and technology. However, safeguarding people with disabilities, who are a discrete and insular minority across the globe, against …