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Fit Or Fitting In: Deciding Against Normal When Reproducing The Future, Roxanne Mykitiuk, Isabel Karpin

Articles & Book Chapters

‘Normal’ is a contentious term. Descriptively, ‘normal’ represents ‘what is’ as a statistical average. However, the term also represents normative or prescriptive content about what is ‘right’ or ‘what should be’. Correspondingly, abnormality is a deviation from the norm. It is both a factual exception to the average and a value judgement about what is a ‘wrong’ state of being. Pursuing ‘normal’ or deciding against it can be a defining moment in the high technology environment of assisted reproduction. Here, we explore notions of normalcy articulated through legal and policy regimes around screening and testing of gamete and embryo donors. …

Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman

Contributions to Books

Published as chapter 3 in Gene Editing, Law, and the Environment, Irus Braverman, ed.

Synthetic gene drives raise ethical, ecological, and legal questions that are sometimes difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but the genetics of entire populations and species are currently both under-regulated and under-theorized. In place of state regulations, what seems to be emerging is a form of self-regulation by the gene drive scientists themselves. My chapter draws on in-depth interviews with several prominent gene drive scientists to explore their approach toward nature, …

Syncing The Unsyncable: Legal And Policy Implications Of Paperless Clinical Trials, Kimberly Rhodes

UC Law Science and Technology Journal

No abstract provided.

The Internationalization Of Climate Damages Litigation, Michael Byers, Kelsey Franks, Andrew Gage

Washington Journal of Environmental Law & Policy

The annual global costs of climate change in 2010 were estimated at nearly $700 billion. As the costs continue to escalate, discussion is necessarily shifting to who should pay for mitigation and adaption. Many scholars argue that policy considerations and principles of tort law support holding greenhouse gas producers responsible for the costs of climate change. However, legal claims against greenhouse gas producers in the United States have thus far proven unsuccessful. This Article explores two previously overlooked potentialities that could significantly and rapidly alter the landscape for climate change litigation: (1) the emergence of transnational climate change litigation coupled …

Evan R. Seamone, In The Trenches Of Legal Academia: Recognizing And Responding To The Mental Health Needs Of Law Students Who Have Served In The Nation's Armed Forces, 46 J.L. & Educ. 313 (2017)., Evan R. Seamone

The Journal of Law and Education

No abstract provided.

Zika And The Regulatory Regime For Licensing Vaccines For Use During Pregnancy, Sam F. Halabi

Faculty Publications

Microcephaly and other severe fetal brain defects (congenital Zika syndrome) caused by the Zika virus have prompted an urgent effort to develop and license a safe and efficacious vaccine. Yet, that effort has run up against one of the most formidable barriers in vaccine research: pregnant women are almost always excluded from clinical trials for fear that the intervention may harm the fetus. This article analyzes the existing regulatory framework for vaccines intended for use during pregnancy in an effort to identify ways the process may be reconsidered in light of recent public health emergencies that had a disproportionate effect …

Implementing The International Health Regulations (2005) With Search Engine-Based Syndromic Surveillance, Ryan Sullivan

Georgia Journal of International & Comparative Law

No abstract provided.

Zika, Feminism, And The Failures Of Health Policy, Johanna Bond

Washington and Lee Law Review Online

The Zika epidemic caused serious concerns about fetal health throughout Latin America and some southern states in the United States. The prevailing governmental response throughout the region continues to emphasize two disease control factors: pregnancy delay and mosquito abatement. This essay argues that the current health policy approach of the World Health Organization, the Centers for Disease Control, and various national governments fails in three primary ways. First, the approach does not adequately consider the intersection of gender and poverty; thus, the current policy fails to respond to the needs of women living in poverty. Second, the health policy response …

The Dynamics Of Excessive Force, Daria Roithmayr

University of Chicago Legal Forum

No abstract provided.

The Science Of Policy-Making, Singapore Management University

Perspectives@SMU

The need for science-based evidence for policy makers to understand issues, manage risks and handle tradeoffs

Hiv Disclosure Laws Are Unjustified, Tony Ficarrotta

Duke Journal of Gender Law & Policy

No abstract provided.

Do Desperate Times Really Call For Desperate Measures? The Ethical Dilemma Behind The Regulation And Use Of Experimental Drugs, Lauren Kuehn

Notre Dame Journal of International & Comparative Law

This Note will argue that, unlike what many patients believe, the U.S. Food and Drug Administration (FDA) plays an invaluable and imperative role in seeking the efficacy and safety of new treatment options and drugs. The balance of interests between those who are terminally ill, who wish to see increased access to unapproved medicines; the general public, who has an interest in preserving the drug approval process; and the FDA, who has been mandated by law to safeguard the safety of the general public, creates a tension that will continue to go unresolved. Thus, the patients who continue to advocate …

Gendered Lived Experiences In Urban Cape Town: Urban Infrastructure As Equal Opportunity, Social Justice, And Crime Prevention, Becky Jacobs

Journal of Comparative Urban Law and Policy

No abstract provided.

1912 - Report Of The Commissioner Of Indian Affairs For 1911

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, supplies, finances, and statistics.

1912 - Report Of The Commissioner Of Indian Affairs For 1912

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

Reasonable Response: The Achilles' Heel Of The Seventh Circuit's "Deliberate Indifference" Analysis, Meaghan A. Sweeney

Seventh Circuit Review

Prisoners who believe their constitutional rights were violated through deficient medical care can pursue a cause of action under 42 U.S.C. § 1983. To prevail on this claim, the prisoner must show that a medical provider acted with deliberate indifference towards a serious medical condition. Ordinary medical negligence is not a constitutional claim simply because the victim is a prisoner. Yet, circuits are split on exactly what physician behavior constitutes deliberate indifference. Courts have given varying degrees of deference to a physician's case-specific medical determination. Courts debate whether palliative care—relieving pain without an effort to cure—is enough; and whether constitutionalizing …

Zika And The Failure To Act Under The Police Power, Jacqueline Fox

Faculty Publications

Zika is a mosquito-borne and sexually transmitted disease that is a dangerous threat to pregnant women, causing catastrophic birth defects in a large percentage of fetuses when their mothers become infected while pregnant. It raises numerous issues related to abortion, birth control, poverty, and women’s control over their procreative choices. While the United States received ample warning from January 2016 onward that it was at risk of local transmission of this virus and public health officials at all levels generally behaved properly, the state and federal legislative responses in the summer of 2016 were entirely inadequate. For example, no state …

Making Sex Work For The State : The Policing Of Sex Work In The United States., Madeline A Clabough

College of Arts & Sciences Senior Theses

This thesis analyzes the ways that sex work is regulated within the United States, and analyze the ways that regulation is shaped by contemporary feminist discourse. To do so, it analyzes the ways in which sex workers have been and pathologized since the 19th century, and address the ways that these conceptualizations have been incorporated into the legal regulation of sex workers. Finally, this thesis will look to contemporary practices in the state regulation of sex workers, and argue that the relationship between neoliberalism, the carceral state, and what has come to be termed “carceral feminism” operate in conjunction to …

Mediation And International Investment: A Chinese Perspective, Wang Guiguo, He Xiaoli

Maine Law Review

The most important feature of the contemporary world is globalization with a high degree of economic interdependence among nations, which includes breaking down national economic barriers as well as the increasing cross-border economic exchanges and transactions of goods, services, and capital, not only in a large scale but also at a high frequency. The spread of market economy across the globe has created a global market, which effectively allocates resources and distributes them at a global level. It was the development of technology relating to information, transportation, and communications, such as the internet and teleconferencing, that enabled the effective and …

State V. Brown: A Test For Local Food Ordinances, Ryan Almy

Maine Law Review

For many of us, adding a little milk to our morning coffee is likely one of the more insignificant tasks of the day. For Dan Brown of Blue Hill, Maine, that splash of dairy in his coffee mug is the result of his personal labor and constant, meticulous attention paid to the health and well-being of a single 1,000 pound mammal. Besides fresh raw milk, what does Brown gain from his efforts? He knows the exact source of the milk he puts in his coffee, as well as the butter his daughter spreads on her toast: Sprocket, Brown’s sole dairy …

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Maine Law Review

As the local food movement gains critical mass around the country, deep and important issues concerning food system policy arise. The modern American food system spans from agricultural production to food processing to food consumption, and finally, to health outcomes. The system’s components include economic, environmental, social, political, and scientific aspects that interact in ways that far outstrip any one discipline’s capacity to analyze and resolve problems. Additionally, the system is profoundly shaped by a complex architecture of laws and regulation. With much credit to the local and regional food movements, people have begun to question not only the current …

Commercial Deception By Anti-Vaccine Homeopathic Websites: A Consumer Protection Approach, Donald C. Arthur

North Carolina Central University Science & Intellectual Property Law Review

No abstract provided.

Law And Health Care Newsletter, Spring 2017

Law & Health Care Newsletter

No abstract provided.

Volume 41, Issue 1 (Spring 2017)

Transcript

No abstract provided.

An Empirical Reexamination Of State Statutory Compensation For The Wrongly Convicted, Jeffrey S. Gutman

Missouri Law Review

In Part II, I discuss the cases of Kirk Odom and Santae Tribble brought under the D.C. Act. Those recent cases offer insight into how two different judges approached the difficult remedial questions presented. They also demonstrate how dramatically most statutes undercompensate claimants. In Part III, I describe how I drew data provided by the National Registry of Exonerations, and many other sources, to document which exonerees filed state compensation claims and how those claims were decided. The resulting data show the percentages of exonerees who filed claims and were awarded compensation and the costs of such awards. In Part …

Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill

Washington and Lee Law Review

No abstract provided.

A Dime For Your Time: A Case For Compensating The Wrongfully Convicted In South Carolina, Chelsea N. Evans

South Carolina Law Review

No abstract provided.

Religion In The Time Of Measles: Prescriptions For Minimizing The Public Health Threats Associated With Religious Exemptions From Mandatory Vaccinations, Victor Diego Gonzalez

Cardozo Public Law, Policy & Ethics Journal

The note examines the legal and public health tensions surrounding childhood vaccination mandates, emphasizing the balance between individual rights and societal interests. It argues that while states have the authority to compel vaccinations under their police powers, the proliferation of nonmedical exemptions, particularly philosophical ones, undermines herd immunity and public health. The analysis advocates for stricter criteria for religious exemptions and educational measures to address vaccine hesitancy, while cautioning against eliminating religious exemptions entirely to avoid public backlash.

Tackling The Social Determinants Of Health: A Central Role For Providers, Jessica Mantel

Georgia State University Law Review

Americans’ poor health and high health care costs largely stem from social, environmental, and behavioral factors that adversely impact health. Yet, health care providers traditionally have neglected the social determinants of health, focusing instead on medically treating patients’ symptoms. As a result, addressing the social determinants of health has primarily been the domain of government and community groups. Unfortunately, the efforts of the public health and social services sectors are stymied by chronic underfunding, a situation unlikely to change in the current political environment. This article identifies a potential solution to this problem: recent health care reforms that encourage health …

Combatting Institutional Censorship Of College Journalists: The Need For A "Tailored Public Forum" Category To Best Protect Subsidized Student Newspapers, Nicole Comparato

University of Miami Law Review

College journalists are in a unique position. On one hand, they are typical college students, attending classes and cheering on the team at all the big games. On the other, they serve as investigative journalists, revealing the university’s deepest flaws on the front page of their newspaper. These roles should not be mutually exclusive, but at an alarming rate, universities are attempting to rid themselves of bad press by censoring their own campus newspapers.

This Note argues that universities can get away with this because of the current structure of the public forum doctrine. This doctrine determines the extent to …