Digital Commons Network^™

Cloning And The Preservation Of Family Integrity, David Orentlicher

Scholarly Works

No abstract provided.

Managed Care And Managed Sentencing — A Tale Of Two Systems, Ronald Weich

All Faculty Scholarship

The daily injustices mount. The front line professionals who administer the system cry out for more discretion to depart from the rigid rules that bind them, Congress finally hears their call, and is poised to enact sweeping reforms.

Are improvements in federal sentencing law on the way? Probably not in the near future. But the new Congress will surely take up proposals to regulate the managed health care industry, and the impending debate over a proposed "Patients' Bill of Rights" law offers important lessons for federal sentencing policy.

At first blush, sentencing reform and health care reform have about as …

An Untapped Resource In Addressing Emerging Infectious Diseases: Traditional Healers, Amy Guerin Thompson

Indiana Journal of Global Legal Studies

No abstract provided.

Representing Families Affected By Hiv/Aids: How The Proposed Federal Standby Guardianship Act Facilitates Future Planning In The Best Interests Of The Child And Family, Kelly C. Rozmus

American University Journal of Gender, Social Policy & the Law

No abstract provided.

What Should The Law Say About Disclosure Of Genetic Information To Relatives?, Ellen Wright Clayton

Journal of Health Care Law and Policy

No abstract provided.

The Argument Against A Physician's Duty To Warn For Genetic Diseases: The Conflicts Created By Safer V. Estate Of Pack, Angela Liang

Journal of Health Care Law and Policy

No abstract provided.

Protecting Vulnerable Research Subjects: Practical Realities Of Institutional Review Board Review And Approval, Alison Wichman

Journal of Health Care Law and Policy

No abstract provided.

Are There No Per Se Disabilities Under The Americans With Disabiities Act? The Fate Of Asymptomatic Hiv Disease, Michael D. Carlis, Scott A. Mccabe

Maryland Law Review

No abstract provided.

Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti

Richmond Journal of Law and the Public Interest

At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …

Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti

Richmond Public Interest Law Review

At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …

Schroeder Scholar-In-Residence Lecture -- Health Care Information And Privacy, Donna E. Shalala

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Blood As A Biological "Drug": Scientific, Legal, And Policy Issues In The Regulation Of Placental And Umbilical Cord Stem Cell Transplantation, Jennifer Kulynych

University of Richmond Law Review

Not all blood cells are created equal. Some are born, carry out their appointed tasks-red blood cells oxygenating the blood, white blood cells fighting infection-and die. But an elusive subset have special properties: they are the progenitors of all the many types of peripheral (circulatory) blood cells, and as such, they have the potential to reconstitute an entire blood supply. Known as hematopoietic stem cells, these blood cells reproduce indefinitely. For patients with leukemia or other blood diseases, the transplantation of hematopoietic stem cells from another person's bone marrow can provide the gift of life.

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Vanderbilt Journal of Transnational Law

This Article has tried to provide a comprehensive analysis of the role of international law in WHO's future. Whether WHO realizes it, international law has had and will continue to have effects on international health policy. In the future, WHO has a choice: It can continue to act as if international law plays no role in global public health or it can build the commitment and capacity needed to integrate international law into its endeavors and into the creation of global health jurisprudence. Building such commitment and capacity will not resurrect WHO to its past glories, but they may very …

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Protecting Patients From Discrimination: The Americans With Disabilities Act And Hiv Infection, George J. Annas

Faculty Scholarship

The Americans with Disabilities Act (ADA) was passed in 1990 to expand the reach of the Rehabilitation Act of 1973 and make discrimination on the basis of disability unlawful. The wheelchair symbol has become a universal sign of disability, but there are, of course, many types of disability that have been the basis of discrimination over the years, including blindness, deafness, epilepsy, cancer, heart disease, and mental retardation. AIDS is a disability under the ADA, and most commentators have assumed that infection with the human immunodeficiency virus (HIV) also qualifies as a disability under this act. It was not, however, …

Human Rights And Maternal-Fetal Hiv Transmission Prevention Trials In Africa, George J. Annas, Michael A. Grodin

Faculty Scholarship

The human rights issues raised by the conduct of maternal-fetal human immunodeficiency virus transmission trials in Africa are not unique to either acquired immunodeficiency syndrome or Africa, but public discussion of these trials presents an opportunity for the United States and other wealthy nations to take the rights and welfare of impoverished populations seriously. The central issue at stake when developed countries perform research on subjects in developing countries is exploitation. The only way to prevent exploitation of a research population is to insist not only that informed consent be obtained but also that, should an intervention be proven beneficial, …

Global Responsibilities: Ethics, Public Health, And Global Environmental Change, Dale Jamieson

Indiana Journal of Global Legal Studies

In this article, Professor Dale Jamieson examines the relationship between

climate change and public health from an ethical perspective. He begins by

exploring the link between global environmental change and public health and

concludes that global warming poses a serious potential threat to human

health. Professor Jamieson then questions why the potential health effects of

climate change have received so much attention when the other ramifications

of climate change have been left unaddressed He argues that the combination

of several factors has brought the issue of potential health effects to the

forefront of the climate change debate. One such factor …

Introduction: The Public's Health In The Global Era: Challenges, Responses, And Responsibilities Symposium, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.

In Pursuit Of Profitability And Effectiveness In The Global Pharmaceutical Industry: Comments On Professor Walker's Four Challenges, Louis Lasagna, M.D.

Indiana Journal of Global Legal Studies

No abstract provided.

The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler

Indiana Journal of Global Legal Studies

In this article, Professor Fidler explains how the processes of

globalization have altered traditional distinctions between national and

international public health. Professor Fidler begins the article by

familiarizing the reader with globalization, reminding the reader that

globalization refers to the various factors that infringe upon a sovereign

state's ability to control what occurs in its territory. Next, the article defines

and discusses emerging infectious diseases (EIDs) and examines the

contributions made by globalization to the emergence and reemergence of

EIDs. The article then develops a "pathology of the globalization of public

health ", which helps the reader to understand better …

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.

A View From Inside Industry: A Response To Professor Walker's Challenges, Allan J. Weinstein

Indiana Journal of Global Legal Studies

No abstract provided.

Global Environmental Change: Health And The Challenge For Human Rights, Satvinder Juss

Indiana Journal of Global Legal Studies

No abstract provided.

Bioethics Policy: Looking Beyond The Power Of Sovereign Governments (Foreword), Robert L. Schwartz

Faculty Scholarship

Lawyers are trained to think in terms of power exercised by a sovereign-an institution authorized to enforce a procedurally appropriate decision with coercive force.' Generally, lawyers have a broad notion of what constitutes a sovereign. In the United States, for example, this notion includes the federal government, state governments, most tribal units, traditional territorial governments and their agencies-e.g., school boards, local public park districts, water run-off management districts, and flea abatement boards-and a host of other institutions. As a result, it is difficult for lawyers to recognize that policy also may emanate from other institutions that possess only persuasive authority, …

The Hiv Litigation And Its Settlement [In Japan], Awaji Takehisa, Keisuke Mark Abe

Washington International Law Journal

As early as 1983, Japan's Health and Welfare Ministry had reason to know that the use of unheated blood products by hemophiliacs was infecting them with HIV, the AIDS virus. Although heated-and safe-blood products were already available from the United States, government approval in Japan was deliberately delayed for almost three years while local pharmaceutical companies developed the products. By the time the unheated blood products were all withdrawn from the market, many of Japan's hemophiliacs had contracted HIV. A number of them, or their survivors, sued the government and the pharmaceutical companies. At the end of the consolidated trials, …

Fda Approved? A Critique Of The Artificial Insemination Industry In The United States, Karen M. Ginsberg

University of Michigan Journal of Law Reform

Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial …

Medical Confidentiality In Israeli Law, 30 J. Marshall L. Rev. 747 (1997), Steven Silverstein

UIC Law Review

No abstract provided.

Religious Exemption To Childhood Immunization Statutes: Reaching For A More Optimal Balance Between Religious Freedom And Public Health, Timothy J. Aspinwall

Loyola University Chicago Law Journal

No abstract provided.

The Public Hospital, Lewis R. Goldfrank, M.D.

Fordham Urban Law Journal

The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …