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Flying Under The Radar: Two Decades Of Dna Testing At Ircc, Ida Ngueng Feze, Gabriel Marrocco, Miriam Pinkesz, Jacqueline Lacey, Yann Joly

Canadian Journal of Law and Technology

Since the early 1990s, Immigration, Refugees and Citizenship Canada (formerly Citizenship and Immigration Canada) began using DNA testing technology in the processing of family reunification applications. Over the years, Canadian citizens, permanent residents, and family members living abroad have been increasingly suggested, or required to undergo DNA testing to either facilitate or enable them to reunite in Canada, under the family reunification procedure. This practice, although said to be rare, has since grown in popularity, and is used more extensively for applications coming from certain regions, including Africa, Asia, and the Caribbean. Through analysis of recent case law, this paper …

Juvenile Life Without Parole: How The Supreme Court Of Ohio Should Interpret Montgomery V. Louisiana, Grace O. Hurley

Cleveland State Law Review

Regardless of the numerous differences between juveniles and adults, some states, including the State of Ohio, continue to impose upon juvenile homicide offenders one of the harshest forms of punishment: life without parole. In 2016, the United States Supreme Court decided Montgomery v. Louisiana, and in doing so, the Court reiterated its previous contention that a sentence of juvenile life without parole should only be imposed upon juvenile homicide offenders whose crimes reflect "irreparable corruption." The Supreme Court of Ohio has yet to apply the Court’s Montgomery decision, but this Note suggests that if it does, the court should …

Combatting The Opioid Epidemic In Texas By Holding Big Pharma Manufacturers Liable, Katherine Spiser

St. Mary's Law Journal

Abstract forthcoming

Measles And Misrepresentation In Minnesota: Can There Be Liability For Anti-Vaccine Misinformation That Causes Bodily Harm?, Dorit Rubinstein Reiss, John Diamond

San Diego Law Review

Balancing protecting and compensating victims of harmful fake news and protecting freedom of speech and the information flow is both important and challenging. Vaccines are one area where misinformation can directly cause harm. When misrepresentation leads people to refuse vaccines, disease outbreaks can happen, causing harm, even deaths, and imposing costs on the community. The tort of negligent misrepresentation that causes physical harm appears a custom-made remedy for those affected. However, courts—appropriately— narrowed the tort to protect freedom of speech and the flow of information. This Article uses an especially egregious example of anti-vaccine misrepresentation to examine the boundaries of …

Is Affording Undocumented Immigrants Health Coverage A Radical Proposal?, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

During the Democratic presidential debate on July 31, all 10 candidates raised their hands when asked if they would provide health insurance to undocumented immigrants. Among all Democratic ideas for health reform, this is least popular. A recent poll found that only 38% of respondents approve. The idea drew extensive criticism, which is understandable: Why should the United States provide health coverage for people who don’t have a legal right to be here? Extending coverage could be seen as rewarding individuals who have violated the law.

There are, however, strong reasons to afford health coverage for this population: modest economic …

Ending Pandemics: Us Foreign Policy To Mitigate Today’S Major Killers, Tomorrow’S Outbreaks, And The Health Impacts Of Climate Change, Matthew M. Kavanagh, Harsha Thirumurthy, Rebecca Katz, Kristie L. Ebi, Chris Beyrer, Jamila Headley, Charles B. Holmes, Chris Collins, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Every U.S. President in recent decades has had to respond to at least one pandemic disease. Political leadership has proven decisive. In the coming years, U.S. foreign policy will face at least three inter-related issues: today’s major pandemics of AIDS, TB, and Malaria; future outbreaks with the potential to become pandemics; and rising risk from infectious diseases associated with climate change. A review of epidemiologic data shows global progress on each issue is threatened. A coordinated U.S. effort, across agencies and engaged with national and multilateral partners, could save lives and address significant foreign policy interests. Such an effort could …

Law & Health Care Newsletter, Fall 2019

Law & Health Care Newsletter

No abstract provided.

Letter From The Editor-In-Chief: Journal Of Refugee & Global Health Volume 2, Issue 2, Ruth Carrico

Journal of Refugee & Global Health

No abstract provided.

Private Prisons, Private Governance: Essay On Developments In Private-Sector Resistance To Privatized Immigration Detention, Danielle C. Jefferis

Northwestern Journal of Law & Social Policy

No abstract provided.

Dehumanization, Immigrants, And Equal Protection, Reginald Oh

Law Faculty Articles and Essays

This article is divided into three parts. Part I explores the concept of dehumanization and its central role in the subordination of marginalized groups. Part II discusses the equal protection doctrine of suspect classes by analyzing key decisions by the Court and its reasoning for whether or not to consider a particular group as a suspect class. Part II also argues that the decision in Brown v. Board of Education regards racial segregation in public schools as a form of racial dehumanization and provides the doctrinal basis to consider dehumanization a central factor in determining suspect class status. Part III …

The Law Of Genetic Privacy: Applications, Implications, And Limitations, Ellen Wright Clayton, Barbara J. Evans, James W. Hazel, Mark A. Rothstein

Vanderbilt Law School Faculty Publications

Recent advances in technology have significantly improved the accuracy of genetic testing and analysis, and substantially reduced its cost, resulting in a dramatic increase in the amount of genetic information generated, analysed, shared, and stored by diverse individuals and entities. Given the diversity of actors and their interests, coupled with the wide variety of ways genetic data are held, it has been difficult to develop broadly applicable legal principles for genetic privacy. This article examines the current landscape of genetic privacy to identify the roles that the law does or should play, with a focus on federal statutes and regulations, …

Implementing A Clinical Research Program In Long Term Care Facilities: Experiences From The University Of Louisville Center Excellence For Research In Infectious Diseases [Cerid], Ruth Carrico, Dawn Balcom, Kuldeep Ghosh, Bilal Abaid, Vidyulata Salunkhe, Bibodh Jung Karki, Simra Kiran, Stephen Furmanek, Senen Pena, Julio A. Ramirez

Journal of Refugee & Global Health

Background: According to the US Census Bureau International Report, in 2015, almost nine percent of the world’s population was aged 65 and over. As the worldwide population ages, there is a need to understand how to best care for those individuals. Developing clinical research programs focusing on long term care (LTC) will be critical to defining best practice.

Objectives: The objectives of this manuscript are to: 1) outline the challenges identified in performing clinical research in long term care facilities (LTCF), and 2) offer solutions for future clinical research in the LTC environment based upon our experiences.

Methods: A research …

Racism And Relief Distribution In The Aftermath Of The Halifax Explosion, Mark Culligan, Katrin Macphee

Journal of Law and Social Policy

Popular and academic histories have romanticized the Halifax Explosion. In most retellings, the Explosion united Haligonians, in suffering and in reconstruction. This article presents evidence from the Halifax Relief Commission’s Records that points to a different conclusion: African Nova Scotia claimants were discriminated against during Relief distribution efforts and pre-existing racial inequalities were reinforced. Relief workers treated the claims of African Nova Scotians with enhanced skepticism, expended minimal effort to locate those with claims, and ultimately provided less by way of compensation. Moreover, the decision of the Relief Commission to prioritize the compensation of lost property, not lost wages, systemically …

America’S Favorite Antidote: Drug-Induced Homicide In The Age Of The Overdose Crisis, Leo Beletsky

Utah Law Review

Nearing the end of its second decade, the overdose crisis in the United States continues to claim tens of thousands of lives. Despite the rhetorical emphasis on a “public health” approach, criminal law and its enforcement continue to play a central role among policy responses to this crisis. A legacy of the 1980s War on Drugs, statutory provisions that implicate drug distributors in overdose fatalities are on the books in many U.S. jurisdictions and federally. This Article articulates an interdisciplinary critique of these “drug-induced homicide” laws at a time of their increased popularity, expanding scope, and aggressive prosecution. That these …

A Framework For Tribal Public Health Law, Aila Hoss

Nevada Law Journal

No abstract provided.

International Infection Control Training Partnerships: Experiences From The Egypt-University Of Louisville Collaboration, Amr Aboelnasr, Mohammad Tahboub, Dawn Balcom, Lynn Roser, Morgan Stanley, Stephen P. Furmanek, Ruth Carrico

Journal of Refugee & Global Health

Background: Healthcare-associated infection (HAI) is a global challenge that represent opportunities for international collaboration. Both the United States and Egypt prioritize HAI reduction as activities of public health importance. These shared priorities provide a foundation for interactive education and training.

Objective: In the fall 2018, The United States Agency for International Development (USAID) sought a US training site where a delegation of physicians and nurses from Egypt could receive experiential training regarding HAI and prevention. The objectives of this review are to: 1) outline the training components used for the US-Egypt collaboration held at the University of Louisville …

Using And Misusing Legal Decisions: Why Anti-Vaccine Claims About Nvicp Cases Are Wrong, Dorit Rubinstein Reiss, Rachel Heap

Minnesota Journal of Law, Science & Technology

No abstract provided.

The Dynamism Of Treaties, Yanbai Andrea Wang

Maryland Law Review

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the oldest areas of …

Financing The World Health Organization: What Lessons For Multilateralism?, Kristina Daugirdas, Gian Luca Burci

Articles

When it comes to financing the work of international organizations, voluntary contributions from both state and nonstate actors are growing in size and importance. The World Health Organization (WHO) is an extreme case from this perspective, with voluntary contributions - mostly earmarked for particular purposes - comprising more than 80 percent of its funds. Moreover, nonstate actors are by now supplying almost half of WHO’s funds, with the Bill and Melinda Gates Foundation ranking as the second-highest contributor after the United States. A number of public-health and international relations scholars have expressed alarm over these trends, arguing that heavy reliance …

Designing Development Programs For Non-Traditional Antibacterial Agents, John H. Rex, Holly Fernandez Lynch, I. Glen Cohen, Jonathan J. Darrow, Kevin Outterson

Faculty Scholarship

In the face of rising rates of antibacterial resistance, many responses are being pursued in parallel, including ‘non-traditional’ antibacterial agents (agents that are not small-molecule drugs and/or do not act by directly targeting bacterial components necessary for bacterial growth). In this Perspective, we argue that the distinction between traditional and nontraditional agents has only limited relevance for regulatory purposes. Rather, most agents in both categories can and should be developed using standard measures of clinical efficacy demonstrated with non-inferiority or superiority trial designs according to existing regulatory frameworks. There may, however, be products with non-traditional goals focused on population-level benefits …

Celac: Mexican Foreign Policy Interest On Latin American And Caribbean Regionalism, Demeiati Nur Kusumaningrum

Global: Jurnal Politik Internasional

La Comunidad de Estados Latinoamericanos y Caribeños (CELAC) was initiated in 2011 as a forum for dialogue and consensus between Latin American and Caribbean governments where it forms a trading block that excludes the United States and Canada. The US objected to the establishment of CELAC which seemed to challenges the former regional organization (OAS). This paper aims to analyze the considerations of the Mexican government to join CELAC in the midst of mutual agreement with US and NAFTA. Theory of formulation of foreign policy is used to answer the sources of political consideration of the Mexican government. It is …

Newsletter, Summer 2019

Newsletter

No abstract provided.

Collaborative Family-Making: From Acquisition To Interconnection, Pamela Laufer-Ukeles

Villanova Law Review (1956 - )

No abstract provided.

"We Didn't Know": An Examination Of Health And Nutrition Knowledge, Behaviors And Clinical Risk Factors To Guide A Pilot Health Education Intervention For Refugees From Burma, Elizabeth B. Smith, Lauren R. Sastre

Journal of Refugee & Global Health

No abstract provided.

Responding To Biological Attacks, Barry Kellman

DePaul Journal of Health Care Law

No abstract provided.

Public Health Preparedness & Response: An Exercise In Administrative Law, John D. Blum, Jordan Paradise

DePaul Journal of Health Care Law

No abstract provided.

Dividing Bail Reform, Shima Baughman

Utah Law Faculty Scholarship

There are few issues in criminal law with greater momentum than bail reform. In the last three years, states have passed hundreds of new pretrial release laws, and there are now over 200 bills pending throughout the states. These efforts are rooted in important concerns: Bail reform lies at the heart of broader recent debates about equitable treatment in the criminal justice system. Done right, bail keeps dangerous individuals off the streets; done wrong, it keeps those with less economic means in jail longer. Some jurisdictions are eliminating money bail. Others are adopting risk assessments to determine who to release. …

Automatically Extracting Meaning From Legal Texts: Opportunities And Challenges, Kevin D. Ashley

Georgia State University Law Review

This paper surveys three basic legal-text analytic techniques—ML, network diagrams, and question answering (QA)—and illustrates how some currently available commercial applications employ or combine them. It then examines how well the text analytic techniques can answer legal questions given some inherent limitations in the technology. In more detail, ML refers to computer programs that use statistical means to induce or learn models from data with which they can classify a document or predict an outcome for a new case. Predictive coding techniques employed in e-discovery have already introduced ML from text into law firms. Network diagrams graph the relations between …

Replacement Or Reduction Of Gene-Edited Animals In Biomedical Research: A Comparative Ethics And Policy Analysis, Matthias Eggel, Rebecca L. Walker

North Carolina Law Review

No abstract provided.

Governing Extinction In The Era Of Gene Editing, Jonas J. Monast

North Carolina Law Review

No abstract provided.