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 …

Special 301 Of The Trade Act Of 1974 And Global Access To Medicine, Sean Flynn

Articles in Law Reviews & Other Academic Journals

Since its inception in 1988, the United States Trade Representative’s “Special 301” adjudication of foreign intellectual property law standards has been used to promote policies restricting access to affordable medications around the world. President-elect Obama released a platform promising to “break the stranglehold that a few big drug and insurance companies have on these life-saving drugs” and pledged support for “the rights of sovereign nations to access quality-assured, low-cost generic medication to meet their pressing public health needs.” The 2009 and 2010 Special 301 reports, however, indicate that the Obama Administration has not yet implemented this pledge into administration trade …

Special 301 And Access To Medicine In The Obama Administration, Sean Flynn

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Potential Of Rulemaking By The Nlrb, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Mitigation/Adaptation And Health: Health Policymaking In The Global Response To Climate Change And Implications For Other Upstream Determinants, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Conflating Health Care Reform With Tort Reform, Steven M. Pavsner

The Modern American

No abstract provided.

Volume 10 Issue 3, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, Blake M. Mensing

Sustainable Development Law & Policy

No abstract provided.

Endocrine-Disrupting Chemical Pollution: Why The Epa Should Regulate These Chemicals Under The Clean Water Act , Jacki Lopez

Sustainable Development Law & Policy

No abstract provided.

Using The Clean Water Act To Protect Our Ocean's Biodiversity, Kate Halloran

Sustainable Development Law & Policy

No abstract provided.

Moving Global Health Law Upstream: A Critical Appraisal Of Global Health Law As A Tool For Health Adaptation To Climate Change, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

The relatively new discipline of global health law is a potentially powerful tool for promoting health adaptation to climate change. Unfortunately, global climate change will intensify exactly those health threats that have not been adequately addressed by multilateral cooperation with respect to health in the past, which has been dominated by security-based and treatment-focused approaches. Recent focus on biosecurity concerns such as the global spread of emerging infectious diseases and biological terrorism has further entrenched a security-based approach to global health law and policy that has origins in the earliest attempts at international health cooperation and is currently embodied in …

Assessing The Impact Of Federal Law On Public Health Preparedness, Lindsay Wiley, Ben Berkman, Susan C. Kim

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Adaptation To The Health Consequences Of Climate Change As A Potential Influence On Public Health Law And Policy: From Preparedness To Resilience, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

Because the health effects of climate change are likely to be significant and far-reaching, a key component of climate change adaptation will be our public health infrastructure. Perhaps counter-intuitively, recent emphasis in public health law on preparedness for extraordinary events may be to the detriment of our ability to cope with the health impacts of climate change. While existing emergency preparedness law will necessarily be an important backdrop for health-focused climate change adaptation efforts (especially with regard to natural disasters and infectious disease outbreaks), the focus on emergency preparedness in recent years does not necessarily situate us well for handling …