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Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard

Kentucky Law Journal

No abstract provided.

Aboriginal Food Security In Northern Canada: An Assessment Of The State Of Knowledge, Harriet Kuhnlein, Fikret Berkes, Laurie Hing Man Chan, Treena Wasonti:Io Delormier, Asbjørn Eide, Chris Furgal, Murray Humphries, Henry Huntington, Constance Macintosh, Ian Mauro, David Natcher, Barry Prentice, Chantelle Richmond, Cecilia Rocha, Kue Young

Reports & Public Policy Documents

As the world’s population increases, as global markets become more interconnected, and as the effects of climate change become clearer, the issue of food insecurity is gaining traction at local, national, and international levels. The recent global economic crisis and increased food prices have drawn attention to the urgent situation of the world’s 870 million chronically undernourished people who face the number one worldwide risk to health: hunger and malnutrition. Although about 75% of the world’s undernourished people live in low-income, rural regions of developing countries, hunger is also an issue in Canada. In 2011, 1.6 million Canadian households, or …

Crafting A Narrative For The Red State Option, Elizabeth Weeks Leonard

Scholarly Works

This Article examines the current state of play following the Supreme Court's decision in NFIB v. Sebelius to allow states the option of expanding their Medicaid programs in accordance with the Patient Protection and Affordable Care Act (ACA). Holding that mandatory expansion was unconstitutionally coercive, the Court created the Red State Option. Despite the enormously generous federal financial support for Medicaid expansion, close to half of the states have declined. At the same time, at least eight Republican-led states have crossed Tea Party lines to accept federal funding for expansion. Drawing lessons from these states, including Arkansas, Arizona, Michigan, and …

Pregnant Pause: The Exclusion Of Pregnant Women From Clinical Research As Sex Discrimination, Richard M. Weinmeyer

Cardozo Journal of Equal Rights & Social Justice

The article argues that the exclusion of pregnant women from clinical research constitutes sex discrimination. This exclusion, rooted in historical and regulatory factors, has led to a significant lack of data on how medications affect pregnant women, putting their health at risk. The author advocates for legislative action to shift the research culture from exclusion to inclusion, ensuring that pregnant women receive necessary medical treatments with proper research backing.

Hiv Infrastructure Study Baton Rouge, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Casteel Scherger

Faculty Scholarship

No abstract provided.

Health Policy And The Syrian Chemical Weapons Crisis, David P. Fidler

Articles by Maurer Faculty

For health policy, armed conflicts constitute one of the most severe emergency contexts in which health, well-being, and determinants of health are threatened. The Syrian civil war has proved no different, as health experts re­peatedly lament the humanitarian debacle the Syrian conflict has become. The main distinguishing feature of the Syrian civil war has been the large-scale use of chemical weapons in August 2013. This essay analyzes the chemical weapons crisis and its diplomatic resolution from a health policy perspective, with particular attention on whether the handling of this crisis created positive health policy “spillover” opportunities for more effectively addressing …

The Global Health Security Agenda In An Age Of Biosecurity, Lawrence O. Gostin, Alexandra Phelan

Georgetown Law Faculty Publications and Other Works

Historically, the Oval Office has been a leader in global health assistance. From the President’s Emergency Plan for AIDS Relief (PEPFAR) and the President’s Malaria Initiative (PMI) under the Bush Administration, to the Global Health Initiative launched by President Obama in 2009. However, unlike PEPFAR and PMI, the Global Health Initiative met an untimely end with the launch of a bold new global health measure by the Obama Administration: the Global Health Security Agenda (GHS Agenda). The GHS Agenda aims to “accelerate progress toward a world safe and secure from infectious disease threats” through a US-led diplomatic collaboration with 30 …

Governing For Health As The World Grows Older: Healthy Lifespans In Aging Societies, Lawrence O. Gostin, Anna Garsia

Georgetown Law Faculty Publications and Other Works

So much of global health governance focuses intensely on a brief moment in the human lifespan—from a safe birth to infant and child survival. Yet, with all the attention to this early window of life (infancy to age five), the opposite end of the life spectrum is comparatively neglected. The Millennium Development Goals (MDGs) do not mention a healthy lifespan or a healthy old age. This inadequate attention to the older years of the life appears to be a glaring omission given the universal challenges posed by aging societies. Aging is a demographic fact in almost all countries, but it …

Public Health Emergencies: What Counts?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Vaccines and drugs to prevent and treat Ebola Virus Disease that have never been tested in humans, and in scarce supply raise profound ethical challenges. What if good evidence emerged demonstrating safety and efficacy of drugs? What would be an ethical method of allocating scarce beneficial resources? The apparent preference given to foreign aid workers over West Africans provoked a firestorm. In addition to discussing the ethical allocation of scarce drugs, this article also asks a more fundamental question: Why did it take nearly 40 years after the first Ebola outbreak in 1976 to launch clinical trials?

Patent Protection For Pharmaceuticals: Ensuring Access To Enabling Innovation, Kim Speer

Health Law and Policy Brief

No abstract provided.

Community Water Fluoridation Around The Nation: Significant Case Law And Legislation, Jeff Wurzburg, Corrine Propas Parver

Health Law and Policy Brief

No abstract provided.

State Obligations To Guarantee The Human Right To Health And The Derivative Right To Access Medicines, Ophelie Garnier, Chelsea Masters, Natassia Rozario, Mina Trudeau

Health Law and Policy Brief

No abstract provided.

Law & Health Care Newsletter, V. 21, No. 1, Fall 2013

Law & Health Care Newsletter

No abstract provided.

Health Law Outlook - Volume 7, Issue 1 (Fall 2013)

Health Law Outlook (archive)

Inside this Issue:

• Changing the Landscape of New York Hospitals, Nina Schuman
• The Internet, Privacy, and Public Health: How Social Media and "Big Data" are Changing the Landscape of Public Health Surveillance and Research, Donna Hanrahan
• Ending Philosophical Exemptions for Mandatory Vaccinations, Adino Barbarito
• The Affordable Care Act's Impact on Individuals with Disabilities, Brandon Lee Wolff

Approval And Withdrawal Of New Antibiotics And Other Antiinfectives In The U.S., 1980-2009, Kevin Outterson, John H. Powers, Enrique Seoane, Rosa Rodriguez-Monguio, Aaron S. Kesselheim

Faculty Scholarship

Concerns about a dearth of antibiotic innovation have spurred calls for incentives to speed the development of new antibiotics. Our data demonstrates that many of the new molecular entity (NME) antibioticsintroduced in the last 3 decades were withdrawn from the market, at more than triple the rate of other drug classes. Adjusted for these withdrawals, the net introduction of NME antibiotics is not as troubling of a trend. The reduction in NME antibiotics was partially offset by a surge in the introduction of NME antiretrovirals for HIV/AIDS and other drug classes (such as cardiovascular drugs) posted similar declines.

These data …

Repairing The Antibiotic Pipeline: Can The Gain Act Do It?, Caitlin Forsyth

Washington Journal of Law, Technology & Arts

Antibiotic resistance, according to the World Health Organization, is one of the greatest threats to public health. To combat the problem, new antibiotics need to be developed. However, antibiotic research and development is fraught with scientific and economic problems. Recognizing these problems and the public health threat posed by antibiotic resistance, Congress passed the GAIN Act, which President Obama signed into law in June 2012. The GAIN Act (Act) incentivizes pharmaceutical companies to invest in antibiotic research and development. This Article will outline the incentives in the Act and suggest why the Act may not solve the growing antibiotic resistance …

Don't Give Your Kid That Shot!: The Public Health Threat Posed By Anti-Vaccine Speech And Why Such Speech Is Not Guaranteed Full Protection Under The First Amendment, Amanda C. Naprawa

Cardozo Public Law, Policy & Ethics Journal

The article argues that antivaccination speech poses a significant threat to public health, and the law should be utilized to regulate such speech to prevent the spread of preventable diseases and protect vulnerable populations through herd immunity. While the First Amendment protects free speech, legal measures such as the FTC regulating false advertising and potential vaccine disparagement statutes can be effective tools in curbing harmful misinformation. The article emphasizes the need for a balanced approach that respects individual rights while safeguarding community health, supported by scientific consensus on vaccine safety and legal precedents like Jacobson v. Massachusetts.

Tylenol And An Ice Pack: An Inadequate Prescription For Hiv/Aids In Immigration Detention Centers, Carl Kenneth Lipscombe

Cardozo Public Law, Policy & Ethics Journal

The note examines the systemic challenges in providing adequate HIV treatment to immigration detainees in U.S. Immigration and Customs Enforcement (ICE) custody, highlighting the legal and practical barriers that prevent detainees from receiving consistent and effective medical care. It argues that the current framework, governed by non-binding standards and inconsistent enforcement, fails to ensure humane treatment under the Constitution, particularly the Eighth Amendment’s prohibition of cruel and unusual punishment. The analysis calls for structural reforms, including codifying detention standards into enforceable regulations and improving oversight mechanisms, to address the inadequate medical care for HIV-positive detainees.

Health Law: Cases, Materials And Problems, Robert L. Schwartz, Barry R. Furrow, Thomas L. Greaney, Sandra H. Johnson, Timothy Stoltzfus Jost

Faculty Book Display Case

For more than two decades, Health Law: Cases, Materials and Problems has defined the field of health law, providing a balanced overview of law as it affects patients, professionals, institutions, and entities that deliver and finance U.S. health care. The 7th Edition of Health Law comprehensively reviews the provisions of the Affordable Care Act with topics such as the oversight of quality (including the latest developments in patient safety), cost control (including consumer-directed health care), guarantees of adequate access to services, exempt-organization tax issues, transactions and relationships among health care professionals and providers, the Employee Retirement Income Security Act (ERISA), …

Aids, Employment And The Law, American Bar Association; Aids Coordinating Committee

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Hiv Reporting In California: By Name Or By Number?, Nicole Kamm

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Newsletter Spring/Summer 2013

Newsletter

No abstract provided.

Health Law Outlook - Volume 6, Issue 2 (Spring 2013)

Health Law Outlook (archive)

Inside this issue:

• Reproductive Ramifications: The U.S.’s Refusal to Ratify the Convention on the Elimination of All Forms of Discrimination against Women and the Damaging Collateral Consequences on the Right to Choose, Elijah Bresley
• Surrogacy and Silence: Why State Legislatures Should Attempt to Regulate Gestational Surrogacy Agreements, Melissa Cartine
• Pharmaceuticals, Crime, and the Constitution: Promoting Off-Label Drug Use and the First Amendment, Phillip DeFedele
• The Losing Battle: Veterans’ Backlogged Mental Health Issues Need Reinforcements, Daniel Gilbert
• Are You In or Out: A Possible Solution to the United States’ Organ Donation Crisis, Robert Granzen
• The Future of Genetic Testing and the …

Tackling The Global Ncd Crisis: Innovations In Law And Governance, Bryan P. Thomas, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

35 million people die annually of non-communicable diseases (NCDs), 80% of them in low- and middle-income countries—representing a marked epidemiological transition from infectious to chronic diseases and from richer to poorer countries. The total number of NCDs is projected to rise by 17% over the coming decade, absent significant interventions. The NCD epidemic poses unique governance challenges: the causes are multifactorial, the affected populations diffuse, and effective responses require sustained multi-sectorial cooperation. The authors propose a range of regulatory options available at the domestic level, including stricter food labeling laws, regulation of food advertisements, tax incentives for healthy lifestyle choices, …

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Playing God: The Legality Of Plans Denying Scarce Resources To People With Disabilities In Public Health Emergencies, Wendy F. Hensel, Leslie E. Wolf

Florida Law Review

Public health emergencies can arise in a number of different ways. They can follow a natural disaster, such as Hurricane Katrina, the 2004 tsunami, and the recent earthquakes in Haiti and Chile. They may be man-made, such as the September 11 attacks and the anthrax scare. They may also be infectious. While no pandemic flu has yet reached the severity of the 1918 flu, there have been several scares, including avian flu and most recently H1N1.

Few questions are more ethically or legally loaded than determining who will receive scarce medical resources in the event of a widespread public health …

Aids: Do Children With Aids Have A Right To Attend School?, Gilbert A. Partida

Pepperdine Law Review

No abstract provided.

Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii

Homeland Security Publications

No abstract provided.

The Curious Case Of Trent Arsenault: Questioning Fda Regulatory Authority Over Private Sperm Donation, Amber D. Abbasi

Annals of Health Law and Life Sciences

No abstract provided.

Complementarity In Public Health Systems: Using Redundancy As A Tool Of Public Health Governance, Lance Gable, Benjamin Mason Meier

Annals of Health Law and Life Sciences

No abstract provided.