Digital Commons Network^™

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 …

Time For A Change: 20 Years After The “Working Group” Principles, Barbara J. Cox

Journal of Legal Education

No abstract provided.

A Modest Memo, Yxta Maya Murray

Michigan Journal of Race and Law

A Modest Memo is a satire in the form of a legal memo written for President-Elect Donald Trump circa November 2016. It counsels Mr. Trump to obtain Mexican funding for a United States-Mexico “Wall” via United Nations Security Council sanctions. These sanctions would freeze remittances (that is, “hold them hostage”) until Mexican President Enrique Peña Nieto wired the United States sufficient monies for construction. The memo, which is entirely the product of my imagination and legal study, contemplates one of the many possible worst case scenarios threatened by the Trump presidency. Through the arts of law and literature, I aim …

Volume 90, Issue 11 (2017)

Obiter Dicta

No abstract provided.

Program, Emory Law Journal

Randolph W. Thrower Symposium

In light of recent global events, the 2017 Thrower Symposium panelists explored a vast array of issues and threats confronting our nation in the twenty-first century. These topics include cybersecurity, applicable law doctrines, corporate responsibility, new technologies and their effects on national security, immigration, domestic terrorism, and cross-border security. The breadth of these topics demonstrated the need for organized and thoughtful discussion.

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.

Tears In Heaven: Religiously And Culturally Sensitive Laws For Preventing The Next Pandemic, Eloisa C. Rodriguez-Dod, Aileen Maria Marty, Elena Maria Marty-Nelson

Catholic University Law Review

This Article argues that laws created to curtail the spread of deadly contagious diseases need to be drafted and implemented in ways that maximize acceptance of an affected communities’ cultural and religious beliefs. When laws are put in place that are inconsistent with community mores, the overall goal of stopping an epidemic is threatened. Communities often distrust government and other relief organizations who mandate rules and regulations that impinge their religious and cultural beliefs; thus, these regulations geared at helping communities can paradoxically undermine the goal of preventing the spread of infectious disease.

This Article focuses on the need for …

Mayhew V. Hickox: Balancing Maine's Public's Health With Personal Liberties During The Ebola "Crisis", Benjamin W. Dexter

Maine Law Review

By the 1960s, methods in the detection and treatment (and consequently improvements in the survival rates) of infectious diseases had advanced so significantly that "[d]iseases seemed destined to all but disappear." But the reemergence of previously "eradicated" diseases, and the emergence of new diseases that seemed all-but-untreatable, such as Ebola virus, soon put to rest the euphoria of medical advancement. Ebola virus is one of the most dangerous infectious diseases to emerge in the twentieth century, and through media sources, including movies, television shows, and new reporting, has become one of the most feared. Despite public misunderstanding regarding the causes, …

Remedying Stigma-Driven Health Disparities In Sexual Minorities, Valarie K. Blake

Scholarly Works

This paper explores the health harms of stigma in both patient-provider relationships and health insurer arrangements, before turning to legal solutions to combat healthcare discrimination on the basis of sex. It argues that Section 1557 of the Affordable Care Act is aptly designed to remedy stigma against sexual minorities in healthcare and has already done significant work to that end. This article also discusses the implications of repeal of either the ACA or Section 1557.

Can They Do That?: The Limits Of Governmental Power Over Medical Treatment, Paul Mclaughlin

Scholarly Works

No abstract provided.

Dollars And Drugs, Singapore Management University

Research@SMU: Connecting the Dots

Professor Locknie Hsu studies how trade deals affect the public’s access to affordable medicines and healthcare.

See her paper: Regulatory flexibilities and tensions in public health and trade: An Asian perspective; Tobacco control in ASEAN

See her book: Trade, investment, innovation and their impact on access to medicines: An Asian perspective

Antimicrobial Resistance (Amr) And Multidrug Resistance (Mdr): Overview Of Current Approaches, Consortia And Intellectual Property Issues, Andrew Jenner, Niresh Bhagwandin, Stanley P. Kowalski

Law Faculty Scholarship

The supply of new diagnostics and treatments is insufficient to keep up with the increase in antimicrobial resistance (AMR) and multidrug resistance (MDR) as older medicines are used more widely and microbes develop resistance to them. At the same time, significant quantities of antibiotics are used on patients and animals that do not need them, while others who do need them lack access.

Effective responses to AMR/MDR require effort by both the public and private sectors to develop and disseminate new diagnostics, vaccines and treatments on a global scale, as well as to adapt them to local needs. This calls …

No Rest For The Wicked: Civil Liability Against Hotels In Cases Of Sex Trafficking, Gallant Fish

Buffalo Human Rights Law Review

No abstract provided.

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

College of Law Faculty Scholarship

The body of 19-year-old Sinoxolo Mafevuka was found in a communal toilet in the Cape Town, South African urban township of Khayelitsha. Sinoxolo had been viciously raped, strangled to death, and her body discarded, with her head under the toilet seat and her genitals displayed openly. Tragically, while Sinoxolo’s murder is a particularly brutal example, using a neighborhood toilet in many informal settlements is an incredibly dangerous activity, and there are estimates that 10.5 million South Africans do not have ready access to toilets. “Women, children and men of all ages are frequently robbed, raped, assaulted and murdered on the …

Combating Resistance: Federal Efforts To Reduce Overuse, Curb Misuse, And Incentivize The Development Of Antibiotic Drugs, Donna Hanrahan

Annals of Health Law and Life Sciences

No abstract provided.

The Priority Review Voucher Program At The Fda: From Neglected Tropical Diseases To The 21st Century Cures Act, Ana Santos Rutschman

Annals of Health Law and Life Sciences

No abstract provided.

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

Annals of Health Law and Life Sciences

No abstract provided.

Teaching Public Policy Drafting In Law School: One Professor's Approach, Lisa A. Rich

Duquesne Law Review

This article provides an overview of the Drafting for Public Policy course offered at the Texas A&M University School of Law. The article addresses the theoretical and pedagogical underpinnings of the course, including how such a course easily encompasses the teaching of cultural context and awareness, as well as professional identity, and encourages students to engage deeply in the policymaking process. It also explores the continued relevance of the work of Harold D. Lasswell, as well as that of Myres McDougal and Anthony Kronman. These works, from 1943 and 1993 respectively, resonate now because they called on law schools to …

Sb-277 Calls The Shots: How California Can Mend The Divide Between Proponents And Opponents Of Mandatory Vaccination Laws, Jennifer Yeung

Duquesne Law Review

No abstract provided.

Healthy Zoning, Matthew J. Parlow

Fordham Urban Law Journal

No abstract provided.

Telemedicine In Illinois: Untangling The Complex Legal Threads, 50 J. Marshall L. Rev. 885 (2017), Laura Wibberley

UIC Law Review

This Comment begins in Section II with an overview of the current telemedicine practices in healthcare, as well as the current law within Illinois regarding telemedicine use. Section III of this Comment discusses the flaws under the current Illinois law that act to impede licensed medical professionals from providing telemedicine services in patient care. Section III specifically focuses on the area of medical negligence to include the establishment of the physician-patient relationship, the applicable standard of care, and the scope of the requisite informed consent. This Section also examines and compares various legislation enacted in other states that provide a …

A Comparative Study Of Migrants' Access To Healthcare: Similarities And Differences Between England, Germany, Italy, Spain, Canada, And The United States, Paula Castaneda Restrepo

ILSA Journal of International & Comparative Law

No abstract provided.

Environmental Injustice And The Pursuit Of A Post-Carbon World: The Unintended Consequences Of The Clean Air Act As A Cautionary Tale For Solar Energy Development, Shannon Elizabeth Bell

Brooklyn Law Review

Most policy decisions aimed at improving the environment have been conceived and implemented without attention to issues of environmental justice, creating what sociologist Julian Agyeman calls an “equity deficit” in the discourse and practice of environmental sustainability. This article presents the unintended consequences of the Clean Air Act (CAA) and its amendments as a cautionary tale for what can happen when environmental regulations are enacted without adequately considering environmental justice concerns. Although the CAA has been responsible for much good in the United States as a whole—including significant reductions in acid rain and health-harming pollutants—it has also brought significant harm …

Grassroots Innovation Systems For The Post-Carbon World: Promoting Economic Democracy, Environmental Sustainability, And The Public Interest, Shobita Parthasarathy

Brooklyn Law Review

This article uses a sociotechnical systems approach to advocate for an alternative way of thinking about the role of innovation in international development efforts, specifically those focused on environmental sustainability and a post-carbon world. This approach views technology and society as inextricably linked, highlighting how particular values, norms, individual rights and responsibilities, social practices and relationships, and aspects of political culture are embedded in the design, development, implementation, and use of technology. Using the example of clean cookstoves, this article argues that technologies customarily deployed to achieve international development goals are embedded in particular values, assumptions, and social structures that …

A Stinging Effect: The Legal Implications Biting Into The Effects Of The Zika Virus, Keanu Bader Mr

Honors Undergraduate Theses

People are afraid of contagious diseases. The thought that disease can spread throughout an entire population tends to make people wary of their interactions with their surrounding environment. Hearing about, or even seeing pictures of mosquitoes can make people squeamish or even stimulate an itch. Throughout the ages, the reaction to contagious diseases has been to quarantine and isolate. From the bubonic plague to the 1918 “Spanish” flu, the protocol was to quarantine those infected and isolate the rest. It may be this practice that inspired such precautions be taken by the public. Often these precautions are not warrantless and …

Science As Speech, Natalie Ram

All Faculty Scholarship

In April 2015, researchers in China reported the successful genetic editing of human embryos using a new technology that promised to make gene editing easier and more effective than ever before. In the United States, the announcement drew immediate calls to regulate or prohibit
outright any use of this technology to alter human embryos, even for purely research purposes. The fervent response to the Chinese announcement was, in one respect, unexceptional. Proposals to regulate or prohibit scientific research following a new breakthrough occur with substantial frequency. Innovations in cloning technology and embryonic stem cell research have prompted similar outcries, and …

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

Articles

No abstract provided.

Underutilized Community Health Needs Assessments: Four Environmental Actions For Hospitals That Improve Community Health, Warren G. Lavey

Health Matrix: The Journal of Law-Medicine

Tax-exempt hospitals' community health needs assessments ("CHNAs") provide an underutilized resource for healthcare organizations and communities. These studies and action commitments, which the Affordable Care Act ("ACA") requires, are linked to financial incentives for hospitals to manage population health.

United Nations Peacekeepers: Unchecked And Unaccountable, Benjamin Horwitz

Loyola University Chicago International Law Review

No abstract provided.

Non-Communicable Disease And Diabetes Screening In Community Settings In Low- And Middle-Income Countries: A Case Study In Senegal, West Africa, Rhonda Belue

Saint Louis University Journal of Health Law & Policy

Sub-Saharan Africa is faced with a significant and increasing burden of non-communicable diseases such as type 2 diabetes mellitus (diabetes). In Senegal, the prevalence of diabetes has been documented to be as high as 8.1% in urban-dwelling Senegalese and is fast approaching the United States prevalence of approximately nine percent; however, insufficient resources are available for prevention efforts and disease management. As a result, many cases remain undiagnosed, leading to an increased likelihood of diabetes complications and mortality. Many of these cases remain undiagnosed or are diagnosed only after complications have developed, such as the need for amputation, kidney failure, …