Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, 2015 Legal Studies & Business Ethics/Wharton University of Pennsylvania
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Amy J. Sepinwall
In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund ...
Strengthening The Detection Of And Early Response To Public Health Emergencies: Lessons From The West African Ebola Epidemic, 2015 Massachusetts General Hospital Center for Global Health
Strengthening The Detection Of And Early Response To Public Health Emergencies: Lessons From The West African Ebola Epidemic, Mark J. Siedner, Lawrence O. Gostin, Hilarie H. Cranmer, John D. Kraemer
Georgetown Law Faculty Publications and Other Works
In the year since the World Health Organization (WHO) notified of an Ebola outbreak in West Africa, more than 24,000 cases have been reported and over 10,000 individuals have died. Moreover, countless non-Ebola deaths have occurred as a result of health system closings and an international aid effort in the $USD billions has been invested in control efforts. While the international response to the West African Ebola virus disease epidemic eventually exemplified the great potential of the global public health community, the protracted early response also revealed critical gaps, which likely resulted in exacerbation of the epidemic ...
Can Dna Be Speech?, 2015 Charleston School of Law
Can Dna Be Speech?, Jorge R. Roig
Jorge R Roig
DNA is generally regarded as the basic building block of life itself. In the most fundamental sense, DNA is nothing more than a chemical compound, albeit a very complex and peculiar one. DNA is an information-carrying molecule. The specific sequence of base pairs contained in a DNA molecule carries with it genetic information, and encodes for the creation of particular proteins. When taken as a whole, the DNA contained in a single human cell is a complete blueprint and instruction manual for the creation of that human being.
In this article we discuss myriad current and developing ways in which ...
Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, 2015 University of Massachusetts School of Law
Goals Vs. Deadlines: Notes On The Va Disability Claims Backlog, Daniel L. Nagin
University of Massachusetts Law Review
Drawing primarily on policy considerations, social science research, and the relevant statutory and doctrinal frameworks within veterans benefits law, this article argues that Congress should subject the U.S. Department of Veterans Affairs (VA) to a clear and enforceable deadline for making initial eligibility determinations on claims for service-connected compensation. Despite widespread media coverage of delays in VA’s adjudication system and countless oversight hearings and congressional proposals for reform, this simple idea – to impose a hard deadline upon VA has either been overlooked entirely or drowned out by a preoccupation with other types of legislative responses to the VA ...
Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, 2015 The Catholic University of America, Columbus School of Law
Human Dignity As A Normative Standard Or As A Value In Global Health Care Decisionmaking?, George P. Smith
George P Smith
Dignity is seen commonly as an ethical obligation owed to human persons. The dimensions of this obligation, in today’s post secular society, are—however—subject to wide discussion and debate; for, the term, human dignity, and its preservation, defies universal agreement. Yet its preservation, together with the prevention of indignity, is a guiding principle or at least a vector of force in a wide range of issues ranging from embryo research and assisted reproduction to biomedical enhancement, and the care of the disable and to the dying. In clinical medicine, safeguarding the dignity of the patient is a ...
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, 2015 Tel Aviv University
Shared Responsibility Regulation Model For Cross-Border Reproductive Transactions, Sharon Bassan
The term “cross-border reproductive transactions” refers to the phenomenon of tens of thousands of people who travel from one country to another to purchase reproductive services, in order to have a child. The foci of this paper are the lion share of cross-border reproductive transactions, specifically between consumers, i.e., intended parents from affluent countries, and suppliers of reproductive services, egg sellers and surrogate mothers, the majority of whom are from lower middle-income countries. Strong concerns regarding the morality of consumers’ states’ policy arise when a country nationally restricts or bans commercial surrogacy, while accepting the results of cross-border reproductive ...
Lifeguard Supervision For K-12 Swim Physical Education Classes, 2015 Golden Gate University School of Law
Lifeguard Supervision For K-12 Swim Physical Education Classes, Catherine L. Rucker
Catherine L Rucker
In California, K-12 schools with swimming pools are able to provide swim physical education classes without lifeguard supervision. This is because the Health & Safety Code only requires lifeguard supervision for public pools that charge a "direct fee." As a result, some schools are conducting swim pe classes - that are only supervised by one physical education teacher. And the teacher may or may not have additional safety training. Unfortunately, drownings and near-drownings have occurred in school swim pe classes in California.
In order to ensure student safety, this resolution would require that a K-12 school can only offer a swim pe ...
Rate Setting After Douglas, 2015 United States Bankruptcy Court, Southern District of Illinois, Law Clerk
Rate Setting After Douglas, Daniel J. Sheffner
Hamline Law Review
Solving The Problem Of Organ Donation Shortage, 2015 Temple University
Solving The Problem Of Organ Donation Shortage, Samuel D. Hodge Jr., Nicole Saitta-Gill
Samuel D. Hodge Jr.
Organ donation, a medically perfected procedure, affords a second chance at life for many people. Unfortunately, organ transplantation demonstrates the stark reality of supply and demand. Thousands of individuals are added to the transplant list each day but many more die during the same time frame waiting for new organs. The solution to this dilemma seems simple: increase the supply. This article will discuss several ways to achieve this goal. First, through the HIV Organ Policy Equity Act, which allows for HIV-positive-to-HIV-positive transplants, more transplantable organs will hopefully be available in the future. Second, the supply of organs may increase ...
Hiv And Gender-Based Violence: Welcome Policies And Programmes, But Is The Research Keeing Up?, 2015 University of Southern California
Hiv And Gender-Based Violence: Welcome Policies And Programmes, But Is The Research Keeing Up?, Sofia Gruskin, Kelly Safreed-Harmon, Chelsea L. Moore, Riley J. Steiner, Shari L. Dworkin
University of Southern California Legal Studies Working Paper Series
The global HIV policy arena has seen a surge of interest in gender-related dimensions of vulnerability to HIV and violence. UNAIDS and other prominent actors have named gender-based violence a key priority, and there seems to be genuine understanding and commitment to addressing gender inequalities as they impact key populations in the AIDS response. In the quest for evidence-informed interventions, there is usually a strong connection between the research conducted and the policies and programmes that follow. Regarding gender, HIV and violence, is this the case? This discussion paper asks whether the relevant peer-reviewed literature is suitably representative of all ...
The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, 2015 University of Georgia School of Law
The "Uberization" Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan
The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally ...
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, 2015 University of California - Davis
California’S Good Samaritan Law: Correcting Ambiguities To Induce Action, Sara Popovich
This Note argues that California should amend its Good Samaritan law by either creating a duty to assist or clarifying the statute. It first outlines the history of Good Samaritan law in California and describe developments in the law through today. It then argues that Good Samaritan law in California is ineffective because citizens still fear legal liability and thus refuse to assist during emergencies. Finally, it proposes specific changes to the California Good Samaritan law.
Broad Shareholder Value And The Inevitable Role Of Conscience, 2015 Davis Polk & Wardwell, LLP
Broad Shareholder Value And The Inevitable Role Of Conscience, Paul D. Weitzel, Zachariah J. Rodgers
Paul D. Weitzel
This article proposes an integrative solution to the modern debate on corporate purpose, the question of whether directors and officers must solely maximize profits or whether they may consider the effects on employees, the environment or the community. Many find pure profit maximization unseemly and suggest alternative theories, typically arguing that corporations owe a duty to a broader range of stakeholders. This position is inconsistent with the case law and unnecessary to allow conscience in the board room. We resolve the issue more simply by acknowledging that the purpose of a corporation is to promote the shareholders’ interests, which includes ...
The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, 2015 Touro College Jacob D. Fuchsberg Law Center
The Failure Of The Federal Courts To Incorporate O'Connor's Dangerousness Requirement Into The Standards Utilized In Actions Challenging Wrongful Civil Comments, Svetlana Walker
Touro Law Review
No abstract provided.
How Obamacare’S Future Rests On A Single Clause, 2015 Widener Law
How Obamacare’S Future Rests On A Single Clause, Alan E. Garfield
Alan E Garfield
No abstract provided.
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, 2015 SelectedWorks
From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit
In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, 2015 Yale Law School
Promoting “Academic Entrepreurship” In Europe And The United States: Creating An Intellectual Property Regime To Facilitate The Efficient Transfer Of Knowledge From The Lab To The Patient, Constance E. Bagley, Christina Tvarno
Constance E. Bagley
In 2014, the European Commission announced the launch of a study of knowledge transfer by public research organizations and other institutes of higher learning “to determine which additional measures might be needed to ensure an optimal flow of knowledge between the public research organisations and business thereby contributing to the development of the knowledge based economy.” As the European Commission has recognized, the EU needs to take action to “unlock the potential of IPRs [intellectual property rights] that lie dormant in universities, research institutes and companies.” This article builds on our earlier work on structuring efficient pharmaceutical public-private partnerships (PPPPs ...
"First, Do No Harm": Legal Guidelines For Health Programmes Affecting Adolescents Aged 10–17 Who Sell Sex Or Inject Drugs, Brendan M. Conner Esq.
Brendan M. Conner
There is a strong evidence base that the stigma, discrimination and criminalization affecting adolescent key populations is intensified due to domestic and international legal constructs that rely on law-enforcement based interventions dependent upon arrest, pre-trial detention, incarceration and compulsory ‘‘rehabilitation’’ in institutional placement. While there exists evidence and rights-based technical guidelines for interventions among older cohorts, these guidelines have not yet been embraced by international public health actors for fear that international law applies different standards to adolescents who engage in behaviours such as selling sex or injecting drugs.
As a matter of international human rights, health, juvenile justice and ...
Protecting The Welfare Of Our Children For A Better Tomorrow, 2015 St. Thomas University
Protecting The Welfare Of Our Children For A Better Tomorrow, Aileen N. Gonzalez
Aileen N Gonzalez
No abstract provided.
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, 2015 SelectedWorks
Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit
The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...