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Law & Health Care Newsletter, Fall 2018

Law & Health Care Newsletter

No abstract provided.

Prisoner-To-Public Communication, Demetria D. Frank

Brooklyn Law Review

The pervasive problem of over-incarceration in the United States is in part due to lack of correctional facility accountability to the public, and public lack of access to the prisoner experience. In light of the incessant persistence of over-incarceration and “hands off approach” taken by courts in prison administration, this article proposes an unqualified and unfettered prisoner-to-public communication right that would provide prison accountability to the public.

Introduction And Geographic Availability Of New Antibiotics Approved Between 1999 And 2014, Cecilia Kållberg, Christine Årdal, Hege Salvesen Blix, Eili Klein, Elena Martinez, Morten Lindbæk, Kevin Outterson, John-Arne Røttingen, Ramanan Laxminarayan

Faculty Scholarship

Despite the urgent need for new, effective antibiotics, few antibiotics of value have entered the market during the past decades. Therefore, incentives have been developed to stimulate antibiotic R&D. For these incentives to be effective, geographic availability for recently approved antibiotics needs to be better understood. In this study, we analyze geographic availability and market introduction of antibiotics approved between 1999 and 2014.

The Geopolitical Implications Of The United States Of America's Withdrawal From The Paris Agreement, Christopher Mahoney

Cardozo International & Comparative Law Review

The Trump Administration's withdrawal from the Paris Agreement has significant geopolitical implications, as it creates a leadership vacuum that China is poised to fill, potentially reshaping the global transition to renewable energy. While the U.S. federal government steps back from international climate efforts, non-federal actors like states and cities continue to advance climate initiatives. The withdrawal underscores the importance of domestic innovation in clean energy to counterbalance China's growing influence.

Liability Rules For Health Information, Jorge L. Contreras, Francisca Nordfalk

Utah Law Faculty Scholarship

The recent trend toward propertization of health data could pose significant challenges to biomedical research and public health. Property rule systems can result in sizable up-front costs in the acquisition of consent from individual data subjects, as well as the ongoing risk that data subjects will retract consent or object to unanticipated data uses, thus compromising existing data resources and analyses. We argue that property-based approaches to health data should be rejected in favor of liability rule frameworks for the protection of individual privacy interests. We demonstrate that liability rule frameworks for data governance are not only desirable from a …

Disruptive Philanthropy: Chan-Zuckerberg, The Limited Liability Company, And The Millionaire Next Door, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Sex Offender Civil Commitment To Prison Post-Kingsley, Arielle W. Tolman

Northwestern University Law Review

Today, an estimated 5400 people are civilly committed under state and federal sex offender programs. This Note surveys these civil commitment regimes and finds that seventeen jurisdictions (sixteen states and the federal government) have enacted legislative schemes that authorize the indefinite civil detention of people charged with, or previously convicted of, sex offenses to prisons or prison-like facilities—often for their entire lives. By charting the pervasiveness of sex offender civil commitment to prison, this Note provides new evidence that these sex offender civil commitment statutes are, in fact, punitive and, therefore, unconstitutional. Moreover, this Note argues that the Supreme Court’s …

Law & Health Care Newsletter, Summer 2018

Law & Health Care Newsletter

No abstract provided.

The Global Person: Pig-Human Embryos, Personhood, And Precision Medicine, Yvonne Cripps

Indiana Journal of Global Legal Studies

Chimeras, in the form of pig-human embryos engineered by CRISPR-Cas9 and other biotechnologies, have been created as potential sources of organs for transplantation. Against that background, and in an era of "precision medicine," this Article examines the concept of the global genetically modified person and asks whether humanness and personhood are being eroded, or finding new boundaries in intellectual property and constitutional law.

Health And Housing: Altruistic Medicalization Of America’S Affordability Crisis, Dayna Bowen Matthew

Law and Contemporary Problems

No abstract provided.

Choosing Medical Malpractice, Nadia N. Sawicki

Washington Law Review

Modern principles of patient autonomy and health care consumerism are at odds with medical malpractice law’s traditional skepticism towards the defenses of contractual waiver and assumption of risk. Many American courts follow a patient-protective view, exemplified by the reasoning in the seminal Tunkl case, rejecting any attempts by physicians to relieve themselves of liability on the grounds of a patient’s agreement to assume the risk of malpractice. However, where patients pursue unconventional treatments that satisfy their personal preferences but that arguably fall outside the standard of care, courts have good reason to be more receptive to such defenses. This Article …

Cold Genocide: Falun Gong In China, Maria Cheung, Torsten Trey, David Matas, Richard An

Genocide Studies and Prevention: An International Journal

The article explores patterns of a cold genocide in the eradication campaign against Falun Gong. Falun Gong is a spiritual practice that has been targeted for eradication by the Chinese regime since 1999. In comparison to the documented cases of genocide, the genocide of Falun Gong stands out as anomalous because it is virtually ignored. The article seeks to elucidate the multi-faceted nature of this concealed genocide from an interdisciplinary perspective encompassing social work, medicine and law, In particular, the article demonstrates that the eradication campaign against Falun Gong is distinguishable as a cold genocide as it is: (1) multi-dimensional …

Stuff Happens: Understanding Causation In Policy And Strategy, Andrew A. Hill, Stephen J. Gerras

The US Army War College Quarterly: Parameters

No abstract provided.

Missing: Where Are The Migrants In Pandemic Influenza Preparedness Plans?, Kolitha Wickramage, Lawrence O. Gostin, Eric A. Friedman, Phusit Prakongsai, Rapeepong Suphanchaimat, Charles Hui, Patrick Duigan, Eliana Barragan, David R. Harper

Georgetown Law Faculty Publications and Other Works

Influenza pandemics are perennial global health security threats, with novel and seasonal influenza affecting a large proportion of the world’s population, causing enormous economic and social destruction. Novel viruses such as influenza A(H7N9) continue to emerge, posing zoonotic and potential pandemic threats. Many countries have developed pandemic influenza preparedness plans (PIPPs) aimed at guiding actions and investments to respond to such outbreak events.

Migrant and mobile population groups—such as migrant workers, cross-border frontier workers, refugees, asylum seekers, and other non-citizen categories residing within national boundaries—may be disproportionately affected in the event of health emergencies, with irregular/undocumented migrants experiencing even greater …

Placentophagy: A Women's Right To Her Placenta, Amber Goeden

Concordia Law Review

Placentophagy is the consumption of the placenta after childbirth. While not every woman participates in placentophagy, there has been a notable increase of the practice. Many reasons exist in why woman partake in placentophagy. The most notable reasons for the growth, is the claimed increased breast milk production and the potential for reducing the effects of post-partum depression. Even though a woman might choose to partake in placentophagy, she might be met with law, or the lack thereof, that restricts her access to her placenta. Due to the increased requests for the placenta it has highlighted that a woman’s right …

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …

Essential Medicines Beyond Guilt Trips And Acta-Ing Up: A Global Pharmaforum For A New Era?, Veronica Pastor

DePaul Journal of Health Care Law

No abstract provided.

Telehealth: Exploring The Ethical Issues, Jeremy D. Young, Scott A. Borgetti, Philip J. Clapham

DePaul Journal of Health Care Law

No abstract provided.

Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran

International Law Studies

Persons detained for reasons related to an armed conflict are in a vulnerable position. Deprived of their liberty, they are at the mercy of their captors. Certain groups of detainees are particularly vulnerable. Additionally, the way in which non-international armed conflicts are fought can make it difficult for some parties to the conflict to comply with the rules benefiting particularly vulnerable detainees. This Article identifies groups of particularly vulnerable detainees and analyzes the general and special protections that are afforded to them under the conventional and customary international law of armed conflict. It then considers the realities of detention in …

Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas

Fordham Environmental Law Review

No abstract provided.

Whose Sperm Is It Anyways In The Wild, Wild West Of The Fertility Industry?, Tatiana E. Posada

Georgia State University Law Review

Imagine a couple that is unable to conceive a child naturally. Luckily, they had the money and resources available to them to conceive a child through assisted reproductive technology (ART), so they decided to start their family through the use of intrauterine insemination. They selected a sperm bank and began the arduous process of selecting a sperm donor who fit the desired traits and characteristics for their child. The sperm bank matched them with an anonymous donor, Donor 9623, and assured the couple that the donor was “a healthy male with an IQ of 160, a bachelor’s of science in …

Reforming Regenerative Medicine Regulation, Sarah Duranske

Georgia State University Law Review

Regenerative medicine is defined as the branch of medicine that develops methods to regrow, repair, or replace damaged or diseased cells or tissues. It includes a variety of approaches, such as transplanting cells to promote healing, editing genes in cells to attack cancer, and even building organs from biological materials. Regulating regenerative medicine therapies is no easy task. Finding a balance between competing interests–enabling timely access for needy patients while simultaneously ensuring a positive benefit/risk profile and promoting the development of beneficial innovations–is hard enough at any given point in time. But add in constantly advancing scientific knowledge and increasing …

Insights Into Early Stage Of Antibiotic Development In Small And Medium-Sized Enterprises: A Survey Of Targets, Costs, And Durations, Christine Årdal, Enrico Baraldi, Ursula Theuretzbacher, Kevin Outterson, Jens Plahte, Francesco Ciabuschi, John-Arne Røttingen

Faculty Scholarship

Antibiotic innovation has dwindled to dangerously low levels in the past 30 years. Since resistance continues to evolve, this innovation deficit can have perilous consequences on patients. A number of new incentives have been suggested to stimulate greater antibacterial drug innovation. To design effective solutions, a greater understanding is needed of actual antibiotic discovery and development costs and timelines. Small and medium-sized enterprises (SMEs) undertake most discovery and early phase development for antibiotics and other drugs. This paper attempts to gather a better understanding of SMEs’ targets, costs, and durations related to discovery and early phase development of antibacterial therapies.

Global Health Navigators: A New Component In A Refugee-Centered Medical Home Model Of Care, Ruth M. Carrico

Journal of Refugee & Global Health

In this video, Dr. Ruth Carrico, Director of the Global Health Center Travel Clinic and Refugee Health Programs:

• Describes the University of Louisville refugee-centered medical home care model
• Introduces a novel element, the Global Health Navigator, and their roles and responsibilities in the care of the refugee population
• Reviews the competencies and training components important for this new role
• Uses case scenarios to demonstrate the value of Global Health Navigators in refugee care

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events …

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Paris When It Sizzles: What Agenda 21 Can Tell Us About The Likely Success Of The Paris Agreement, Jennifer Devlin Calkins

Washington International Law Journal

The Paris Agreement seeks to address the problem of climate change, a pressingly urgent issue, and one that is extraordinarily difficult to tackle. A primary mitigation mechanism is the requirement that member countries report their nationally determined contributions (“NDCs”) goals and provide metrics for measuring progress in reducing greenhouse gas emissions. This is a “bottom-up” mechanism that does not bind parties to particular emissions targets, but acts to shift party behavior by making progress transparent. To predict the potential effectiveness of this mechanism, this Comment investigates the effectiveness of a similar mechanism contained in Agenda 21, a plan of action …

Intellectual Property And The Global Crisis Of Noncommunicable Disease, Faisal L. Chaundry

North Carolina Journal of Law & Technology

No abstract provided.

Quarantine And The Federal Role In Epidemics, Michael R. Ulrich, Wendy K. Mariner

Faculty Scholarship

Every recent presidential administration has faced an infectious disease threat, and this trend is certain to continue. The states have primary responsibility for protecting the public’s health under their police powers, but modern travel makes diseases almost impossible to contain intrastate. How should the federal government respond in the future? The Ebola scare in the U.S. repeated a typical response—demands for quarantine. In January 2017, the Department of Health and Human Services and the Centers for Disease Control and Prevention issued final regulations on its authority to issue Federal Quarantine Orders. These regulations rely heavily on confining persons who may …

Human Rights And The Global Climate Change Regime, Atieno Mboya Samandari

Natural Resources Journal

This article discusses human rights implications of the market-based mechanisms operationalized under the global climate change regime. It examines greenhouse gas emissions rights created by the Kyoto Protocol and continued by the Paris Agreement. This article discusses implications of these rights for the protection and realization of human rights in the wake of climate change and argues that greenhouse gas emissions rights, as currently constituted, are incompatible with human rights protections. While the Paris Agreement’s recognition of human rights is a significant development, the protection and realization of human rights by states under a free-market approach to climate change remains …