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Articles 691 - 720 of 1528
Full-Text Articles in Entire DC Network
A Yellow Fever Epidemic: A New Global Health Emergency?, Lawrence O. Gostin, Daniel Lucey
A Yellow Fever Epidemic: A New Global Health Emergency?, Lawrence O. Gostin, Daniel Lucey
Georgetown Law Faculty Publications and Other Works
The worst yellow fever epidemic in Angola since 1986 is rapidly spreading, including the capital, Luanda. In Angola, the epidemic began in December 2015 and the laboratory-confirmed outbreak was reported to the World Health Organization (WHO) on January 21, 2016. Angola has had 2023 suspected cases and 258 deaths as of April 26, 2016. China, the Democratic Republic of Congo, and Kenya also have reported cases arising from infected travelers from Angola. Namibia and Zambia also share a long border with Angola, with considerable population movement between the countries. Similar to other recent epidemics, quick and effective action to stop …
Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet
Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet
University of Miami Law Review
This article develops a normative framework for assessing public health laws, using the regulation of e-cigarettes as a case study. Although e-cigarettes are likely far less dangerous to individual users than traditional cigarettes, it remains uncertain whether their proliferation will lead to a reduction of smoking-related disease and deaths or to increased morbidity and mortality. This scientific uncertainty, whether and how to regulate e-cigarettes. This article presents a normative framework for analyzing such questions by offering three justifications for public health laws: impaired agency, harm to others, and self-governance. Each justification responds to the common charge that public health laws …
Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick
Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick
Mercer Law Review
When a law enforcement officer arrests an injured or visibly sick person, the officer typically transports the arrestee directly to a hospital for treatment prior to formal booking in a jail or detention facility. Indeed, convicted inmates, pretrial detainees, and arrestees have a constitutional right to receive necessary medical care while in police custody. However, the United States Supreme Court has distinguished a government's constitutional obligation to provide necessary medical care from a duty to pay for such care.' Instead, the Supreme Court has held that a governmental entity must pay for medical treatment of a person in its custody …
Vaccines And Airline Travel: A Federal Role To Protect The Public Health, Christopher Robertson
Vaccines And Airline Travel: A Federal Role To Protect The Public Health, Christopher Robertson
Faculty Scholarship
This Article explores two ways in which airline travel is an important vector for the spread of infectious disease, and argues that airlines have market-based and liability-based reasons to require that passengers be vaccinated. Going further, the Article explores whether the federal government has the legal and constitutional authority — especially under the Commerce Clause — to encourage or mandate that airlines implement such a vaccine screen. By disrupting the spread of disease at key network nodes where individuals interact and then connect with other geographic regions, and by creating another incentive for adult vaccination, an airline vaccine screen could …
Progress In The Fight Against Multidrug Resistant Bacteria?: A Review Of Fda-Approved Antibiotics 2010-2015, Dalia Deak, Kevin Outterson, John H. Powers, Aaron S. Kesselheim
Progress In The Fight Against Multidrug Resistant Bacteria?: A Review Of Fda-Approved Antibiotics 2010-2015, Dalia Deak, Kevin Outterson, John H. Powers, Aaron S. Kesselheim
Faculty Scholarship
A weak antibiotic pipeline and the increase in drug-resistant pathogens have led to calls for more new antibiotics. Eight new antibiotics were approved by the U.S. Food and Drug Administration (FDA) between January 2010 and December 2015: ceftaroline, fidaxomicin, bedaquiline, dalbavancin, tedizolid, oritavancin, ceftolozane-tazobactam, and ceftazidime-avibactam. This study evaluates the development course and pivotal trials of these antibiotics for their innovativeness, development process, documented patient outcomes, and cost. Data sources were FDA approval packages and databases (January 2010 to December 2015); the Red Book (Truven Health Analytics); Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations (FDA); and supplementary information …
Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas
Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas
Faculty Scholarship
In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …
Funding Antibiotic Innovation With Vouchers: Recommendations On How To Strengthen A Flawed Incentive Policy, Kevin Outterson, Anthony Mcdonnell
Funding Antibiotic Innovation With Vouchers: Recommendations On How To Strengthen A Flawed Incentive Policy, Kevin Outterson, Anthony Mcdonnell
Faculty Scholarship
A serious need to spur antibiotic innovation has arisen because of the lack of antibiotics to combat certain conditions and the overuse of other antibiotics leading to greater antibiotic resistance. In response to this need, proposals have been made to Congress to fund antibiotic research through a voucher program for new antibiotics, which would delay generic entry for any drug, even potential blockbuster lifesaving generics. We find this proposal to be inefficient, in part because of the mismatch between the private value of the voucher and the public value of the antibiotic innovation. However, vouchers have the political advantage in …
Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias
Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias
Student Works
Dealing with catastrophic outbreaks of communicable disease will likely be one of the greatest challenges facing state and federal governments in the United States in the twenty-first century. In the last fifteen years, policymakers have become increasingly sensitive to the prospect of bioterrorism acts involving contagious diseases and the threat of rapid international transmission of diseases ranging from influenza to Ebola. The danger to public health posed by disease outbreak—and the danger to social order that would follow a disease outbreak—make it clear that any risk of a rapidly spreading, communicable disease would have to be met with swift and …
Law & Healthcare Newsletter, Vol. 23, No. 2, Spring 2016
Law & Healthcare Newsletter, Vol. 23, No. 2, Spring 2016
Law & Health Care Newsletter
No abstract provided.
Promoting Healthcare Innovation On The Demand Side, Rebecca S. Eisenberg, W. Nicholson Price
Promoting Healthcare Innovation On The Demand Side, Rebecca S. Eisenberg, W. Nicholson Price
Law & Economics Working Papers
Innovation policy often focuses on the incentives of firms that sell new products. But optimal use of healthcare products also requires good information about the likely effects of products in different patients, and it is hard to provide the right incentives for producers to develop and disclose information that could limit future sales. Regulation partially fills this gap by requiring sellers to conduct clinical trials and report adverse events. But it is inherently problematic to rely on producers to supply negative information about their own products. Healthcare payers, however, can profit from avoiding inappropriate use of costly technologies. Recent technological …
The United Nations Sustainable Development Goals: Achieving The Vision Of Global Health With Justice, Eric A. Friedman, Lawrence O. Gostin
The United Nations Sustainable Development Goals: Achieving The Vision Of Global Health With Justice, Eric A. Friedman, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
We are resolved to free the human race from the tyranny of poverty and want and to heal and secure our planet” (UN General Assembly, 2015, September 25, preamble). So pronounces the 2030 Agenda, the United Nations declaration on the Sustainable Development Goals (SDGs), adopted on September 25, 2015, succeeding the Millennium Development Goals (MDGs). If achieved, the SDGs will secure an improved level of health, development, and global justice. However, if the international community fails to live up to its commitments, an untold number of people will likely perish prematurely, people’s opportunities to thrive will be cut off, social …
Antibiotic Reimbursement In A Model Delinked From Sales: A Benchmark-Based Worldwide Approach, John H. Rex, Kevin Outterson
Antibiotic Reimbursement In A Model Delinked From Sales: A Benchmark-Based Worldwide Approach, John H. Rex, Kevin Outterson
Faculty Scholarship
Despite the life-saving ability of antibiotics and their importance as a key enabler of all of modern health care, their effectiveness is now threatened by a rising tide of resistance. Unfortunately, the antibiotic pipeline does not match health needs because of challenges in discovery and development, as well as the poor economics of antibiotics. Discovery and development are being addressed by a range of public-private partnerships; however, correcting the poor economics of antibiotics will need an overhaul of the present business model on a worldwide scale. Discussions are now converging on delinking reward from antibiotic sales through prizes, milestone payments, …
Neglected Dimensions Of Global Security: The Global Health Risk Framework Commission, Lawrence O. Gostin, Carmen C. Mundaca-Shah, Patrick W. Kelley
Neglected Dimensions Of Global Security: The Global Health Risk Framework Commission, Lawrence O. Gostin, Carmen C. Mundaca-Shah, Patrick W. Kelley
Georgetown Law Faculty Publications and Other Works
The world has experienced global health crises ranging from novel influenzas (H5N1 and H1N1) and coronaviruses (SARS and MERS) to the Ebola and Zika viruses. In each case, governments and international organizations seemed unable to react quickly and decisively. Health crises have unmasked critical vulnerabilities— weak health systems, failures of leadership, and political overreaction and underreaction. The Global Health Risk Framework Commission, for which the National Academy of Medicine served as the secretariat, recently set out a comprehensive strategy to safeguard human and economic security from pandemic threats.
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Local Health Agencies, The Bloomberg Soda Rule, And The Ghost Of Woodrow Wilson, Paul A. Diller
Fordham Urban Law Journal
No abstract provided.
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Health Reform And Correctional Health Care: How The Affordable Care Act Can Improve The Health Of Ex-Offenders And Their Communities, Joel B. Teitelbaum, Laura G. Hoffman
Fordham Urban Law Journal
No abstract provided.
The Fatality And Morbidity Components Of The Value Of Statistical Life, W. Kip Viscusi, Elissa Philip Gentry
The Fatality And Morbidity Components Of The Value Of Statistical Life, W. Kip Viscusi, Elissa Philip Gentry
Vanderbilt Law School Faculty Publications
The fatality risk–money tradeoff that is the value of a statistical life (VSL) may vary with the nature of the fatality event. While all fatalities involve loss of future life expectancy, the morbidity effects and their duration may differ. This article analyzes fatality risks accompanied by morbidity effects of different duration to disentangle the mortality and morbidity components of VSL using data from the Census of Fatal Occupational Injuries (CFOI). The VSL is comprised of the sum of the value of the fatality risk and the value of the morbidity risk. Labor market valuations of morbidity risks are positive, even …
Pilot Perceptions On Impact Of Crew Rest Regulations On Safety And Fatigue, Lukas Rudari, Mary E. Johnson, Robert C. Geske, Lauren A. Sperlak
Pilot Perceptions On Impact Of Crew Rest Regulations On Safety And Fatigue, Lukas Rudari, Mary E. Johnson, Robert C. Geske, Lauren A. Sperlak
International Journal of Aviation, Aeronautics, and Aerospace
The risk of fatigue on pilot performance and safety is well recognized in aviation. In response to increased safety concerns, the Federal Aviation Administration addressed fatigue risk for passenger airline pilots in Title 14 Code of Federal Regulations Part 117, which included accommodations to address fatigue related risk-factors such as circadian rhythm and the phenomenon commonly described as jet-lag. The rule became effective in January 2014. A survey was conducted in March and April of 2014 to better understand pilot perceptions of the new Part 117 rule. This study analyzed survey responses from 92 self-identified pilots to determine the effect …
From Patient Rights To Health Justice: Securing The Public's Interest In Affordable, High-Quality Health Care, Lindsay F. Wiley
From Patient Rights To Health Justice: Securing The Public's Interest In Affordable, High-Quality Health Care, Lindsay F. Wiley
Cardozo Law Review
Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public - alongside the patient, the provider, and the payer - as an important stakeholder and active participant in decisions about medical treatment, health care coverage, and allocation of scarce resources. In a previous article, the author looked to the environmental justice, reproductive justice, and food justice movements for inspiration in developing a "health justice" approach to eliminating social disparities …
Adverse Childhood Experiences In The New Mexico Juvenile Justice Population, Yael Cannon, George Davis, Andrew Hsi, Alexandra Bochte
Adverse Childhood Experiences In The New Mexico Juvenile Justice Population, Yael Cannon, George Davis, Andrew Hsi, Alexandra Bochte
Georgetown Law Faculty Publications and Other Works
Faculty from the University of New Mexico (UNM) School of Law and the UNM School of Medicine, and New Mexico’s Children, Youth and Families Department (CYFD) initiated a joint project to look at the prevalence of Adverse Childhood Experiences (ACEs) nationally and in New Mexico. The study was intended to better establish the association between early childhood trauma and delinquency, as well as to explore the role that law and medicine can play in ensuring better health and juvenile justice outcomes for children who have experienced ACEs.
An International Legal Framework To Address Antimicrobial Resistance, Steven J. Hoffman, Kevin Outterson, John-Arne Rottingen, Otto Cars, Charles Clift, Zain Rizvi, Fiona Rotberg, Göran Tomson, Anna Zorzet
An International Legal Framework To Address Antimicrobial Resistance, Steven J. Hoffman, Kevin Outterson, John-Arne Rottingen, Otto Cars, Charles Clift, Zain Rizvi, Fiona Rotberg, Göran Tomson, Anna Zorzet
Faculty Scholarship
Antimicrobial resistance is a growing threat to global health. Currently it accounts for approximately 700,000 deaths annually, but is predicted to cause as many as 10,000,000 deaths by 2050 if nothing is done to address it. To effectively deal with this problem three areas must be addressed simultaneously: access, conservation, and innovation. However, solving issues of access, conservation and innovation at the same time requires new coordination and financing mechanisms, some of which must be organized globally. This bulletin outlines the possible role that a binding international legal framework can play in the fight against antimicrobial resistance.
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Reconsidering Constitutional Protection For Health Information Privacy, Wendy K. Mariner
Faculty Scholarship
What kinds of health information should be reported to government for civil purposes? Several competing trends encourage efforts to reassess the scope of constitutional protection for health information: the social and commercial value of health information; the amount of data held by third parties, from health care providers to internet servers; critiques of the third party doctrine exception to Fourth Amendment protection; and concerns about the loss of privacy. This article describes a variety of civil purposes for which health information is collected today. A close analysis of cases applying the third party doctrine, administrative search principles, and the special …
The Emerging Zika Pandemic: Enhancing Preparedness, Lawrence O. Gostin, Daniel Lucey
The Emerging Zika Pandemic: Enhancing Preparedness, Lawrence O. Gostin, Daniel Lucey
Georgetown Law Faculty Publications and Other Works
The Zika virus (ZIKV), a flavivirus related to yellow fever, dengue, West Nile, and Japanese encephalitis, originated in the Zika forest in Uganda and was discovered in a rhesus monkey in 1947. The disease now has “explosive” pandemic potential, with outbreaks in Africa, Southeast Asia, the Pacific Islands, and the Americas. Since Brazil reported Zika virus in May 2015, infections have occurred in at least 20 countries in the Americas. Puerto Rico reported the first locally transmitted infection in December 2015, but Zika is likely to spread to the United States. The Aedes species mosquito (an aggressive daytime biter) that …
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
U.S. Biological Quarantine: A Look At The Legal Framework, Katherine T. Rooney
Journal of Legislation
Biological terrorism is a growing problem. Search and seizure protections have an on-going balancing relationship with national security that is balanced by a least restrictive means test. The Kaci Hickox case exposed the difficulty of maintaining the civil rights protections of search and seizure while combating a potentially catastrophic danger.
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Brief For Catholics For Choice Et Al. As Amici Curiae Supporting Respondents, Zubik V. Burwell, Leslie C. Griffin
Supreme Court Briefs
No abstract provided.
Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran
Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran
University of Baltimore Journal of International Law
The New Women’s Health Agenda seeks to close the discriminatory gap between men’s and women’s medical treatment around the world. Often, women’s reproductive issues are the focus of medical studies in which women are involved; however, chronic diseases are quickly becoming a high health risk for the female population around the world. This comment explores the past, present, and future of women’s global health. Throughout history, women have been prevented from participating in clinical trials for reproductive protection reasons. The problem arises after men have successfully responded to treatment because the medication is then administered to both men and women. …
Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell
Justified Outbreak: Bringing Together Law, Public Health, And Ethics During An Infectious Disease Emergency, Clark Colwell
LLM Theses
Infectious diseases have recently found renewed significance in Canadian scholarship, with a corresponding increased interest in Canada's overall preparedness, including legal preparedness, to combat infectious disease emergencies. Nearly every Canadian province has emergency legislation containing a "basket clause" - a provision which, for the duration of an emergency, authorizes a decision maker to take 'all necessary measures' to defeat it. Public health legal preparedness scholarship has not yet examined what criteria the decision maker must consider before deciding to deploy measures that could seriously impact the rights of individuals, including those under the Canadian Charter of Rights and Freedoms. This …
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
Brooklyn Law Review
Foodborne illnesses sicken millions and kill thousands of Americans every year, leading many to conclude that our dysfunctional government food safety system, which still relies heavily on physical inspections of food and facilities, is incapable of protecting us. As a result, many now look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This article examines the benefits and drawbacks to food safety liability insurance and raises doubts about its ability to improve food safety. The market for safe food is plagued by overwhelming information problems that …
Reforming Healthcare Reform, Jacqueline Fox
Reforming Healthcare Reform, Jacqueline Fox
Faculty Publications
No abstract provided.
Hiv/Aids Care And Prevention Infrastructure In The U.S. Deep South, Susan S. Reif, Kristen Sullivan, Elena Wilson, Miriam Berger, Carolyn Mcallaster
Hiv/Aids Care And Prevention Infrastructure In The U.S. Deep South, Susan S. Reif, Kristen Sullivan, Elena Wilson, Miriam Berger, Carolyn Mcallaster
Faculty Scholarship
No abstract provided.
The “Uberization” Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology’S Impact On The Medical Profession, Fazal Khan
Health Matrix: The Journal of Law-Medicine
The article examines the potential of mobile health to transform the delivery of healthcare through allowing non-physicians providing care independent of physicians and outside of traditional clinics and hospitals in the United States. It discusses licensing and scope of practice laws from large information technology (IT) corporations.