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Informal, Inquisitorial, And Accurate: An Empirical Look At A Problem-Solving Housing Court, Jessica K. Steinberg

GW Law Faculty Publications & Other Works

Substantive justice is often seen as elusive in courts dominated by low-income individuals. Complex court rules, coupled with pervasive lack of counsel, can make it difficult for the traditional adversary process to identify and redress legitimate grievances. This Article takes on the social problem of substandard housing and examines whether inquisitorial procedure has the potential to produce accurate outcomes in a tribunal dominated by the unrepresented.

Relying on in-court observations of nearly 300 hearings, and a longitudinal review of nearly 75 cases, this Article surfaces the regularized procedures utilized by a purported “problem-solving” housing court, and theorizes that the inquisitorial …

Advancing The Right To Health: The Vital Role Of Law, Lawrence O. Gostin, Oscar A. Cabrera, David Patterson, Roger Magnusson, Helena Nygren-Krug

Georgetown Law Faculty Publications and Other Works

Effective laws and an enabling legal environment are essential to a healthy society. Most public health challenges – from infectious and non-communicable diseases to injuries, from mental illness to universal health coverage – have a legal component. At global, national and local levels, law is a powerful tool for advancing the right to health. This tool is, however, often underutilized.

This report aims to raise awareness about the role that public health laws can play in advancing the right to health and in creating the conditions for all people to live healthy lives. The report provides guidance about issues and …

Coping With The Threat Of Ebola In Monrovia: A Case Study, Augustine M. Sumo

Walden Dissertations and Doctoral Studies

In early 2014, 3 West African states of Guinea, Liberia, and Sierra Leone made news headlines when Ebola virus disease (EVD) ravaged the sub-region. The Liberian government was ill-equipped to efficiently contain EVD outbreak due to inadequate training for hospitals and healthcare workers. The government's mandatory cremation policies and the banning of public gatherings significantly contributed to the spread of EVD. EVD infected 10,666 and 4,808 died from the disease in the first 6 months of the epidemic. Using Bandura's Social Cognitive Theory (SCT) as the theoretical framework, the purpose of this case study research was to examine the social, …

Contagion Without Relief: Democratic Experimentalism And Regulating The Use Of Antibiotics In Food-Producing Animals, Emilie Aguirre

Faculty Scholarship

We are progressing toward a post-antibiotic world: Antibiotic drugs that could once treat basic infections are losing their effectiveness at an accelerating rate. If this trend continues, common illnesses will become potentially deadly, and more complex procedures-chemotherapy, surgeries, dialysis-will carry much more significant risk. The modern industrial agricultural system may have contributed significantly to this state of affairs. The vast majority of antibiotics sold in the United States each year an estimated 70 to 80 percent-are for use in animal agriculture. These antibiotics are primarily administered to food-producing animals at routine, low doses as a cheap method of promoting faster …

Bearing Witness: Is Giving Thirsty Pigs Water Criminal Mischief Or A Duty?, Anita Krajnc

Animal Law Review

No abstract provided.

Talking One For The Herd: Eliminating Non-Medical Exemptions To Compulsory Vaccination Laws To Protect Immunocompromised Children, Kylie Barnhart

West Virginia Law Review

No abstract provided.

2016 Study Of Current Conditions Of Kentucky County Animal Shelters And Degree Of Compliance With Kentucky Animal Shelter Laws, Cynthia L. Gaskill, Rachel Cullman-Clark, Liane Lachiewicz, Matt Lamarre, Brad Rohleder, Kristin Sadler, Rachel Sparling, Craig N. Carter

Veterinary Science Reports

Kentucky’s county animal shelter conditions have not been studied for over 20 years. Major goals of this study were to assess current conditions in Kentucky’s county shelters and determine the degree of compliance with Kentucky shelter laws. Additional information was gathered to determine the major problems and needs identified by shelter personnel and researchers. Data was used to determine if additional state funds or refinements and additions to current laws are warranted to ensure humane care of animals in Kentucky’s county shelters. Researchers consisted of a group of 6 veterinary students who traveled to all Kentucky county animal shelters. Ninety …

Local And State Governments Are Taking The Stage When It Is Fda's Curtain Call - Are Local And State Governments' Safety Warnings Preempted By Federal Law?, Melissa M. Card

Journal of Food Law & Policy

Eliminated from fad diets, sworn off by celebrities, and frantically reformulated out of processed foods, added sugars have been deemed the new nutritional scoundrel. Recent studies from the American Heart Association, the World Health Organization, and the American Cancer Association demonstrate that the consumption of added sugar leads to increased risks of obesity, diabetes, heart disease, and gout. While all foods containing added sugar are deemed unhealthy, Sugary-Sweetened Beverages ("SSBs") are said to be especially toxic by the American health community, by virtue of these beverages' being excessively high in added sugar content, low in satiety, and incomplete in compensation …

Why Arrest?, Rachel A. Harmon

Michigan Law Review

Arrests are the paradigmatic police activity. Though the practice of arrests in the United States, especially arrests involving minority suspects, is under attack, even critics widely assume the power to arrest is essential to policing. As a result, neither commentators nor scholars have asked why police need to make arrests. This Article takes up that question, and it argues that the power to arrest and the use of that power should be curtailed. The twelve million arrests police conduct each year are harmful not only to the individual arrested but also to their families and communities and to society as …

Neglected Diseases: How Intellectual Property Can Incentivize New Treatment, Vinita Banthia

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Are Wild Deer Wild?: The Legal Status And Regulation Of White-Tailed Deer, Miles Figg

Journal of Environmental and Sustainability Law

No abstract provided.

Accountabilitea: Assam Tea Workers Demand Action From The World Bank And Tata, Promotion And Advancement Of Justice, Harmony And Rights Of Adivasis (Pajhra), People's Action For Development (Pad), Accountability Counsel, Nazdeek, Human Rights Clinic

Human Rights Institute

New Delhi, India, November 7, 2016 – An investigation published today on Tata’s tea plantations in Assam vindicates the claims of Indian NGOs documenting the failure of the World Bank and Tata to uphold the fundamental rights of workers and their families. Over 155,000 people live and work on tea plantations run by Amalgamated Plantations Private Limited (APPL), the second largest tea producer in Assam. The project has the potential to significantly improve thousands of lives, however the Bank’s initial response to the investigation fails to make the most of this opportunity.

Privacy's Place At The Table: A Reflection On Richard Turkington's Approach To Valuing And Balancing Privacy Interests, Doris Deltosto Brogan

Villanova Law Review (1956 - )

No abstract provided.

By The Pricking Of My Thumbs, State Restriction This Way Comes: Immunizing Vaccination Laws From Constitutional Review, Megan Joy Rials

Louisiana Law Review

The article argues how states should not allow philosophical exemptions and should either retain or create religious exemptions that meet certain requirements under the Free Exercise Clause, the Due Process Clause, and the Establishment Clause. It reports the U.S. Supreme Court's jurisprudence regarding parental rights in cases 'Jacobson v. Massachusetts' and 'Zucht v. King.'

A World Wide Web Of Unwanted Children: The Practice, The Problem, And The Solution To Private Re-Homing, S. Megan Testerman

Florida Law Review

A deplorable practice has emerged in the world of adoption. Adoptive families are now using the Internet to give their unwanted adopted children over to complete strangers, some of whom are traffickers, pedophiles, child pornographers, or worse. This practice is known as private rehoming. Through the use of online message boards and a simple notarized power of attorney document, adoptive parents are circumventing the adoption system—including its home study and background check requirements for prospective parents—and placing children in great danger. Because only a handful of states have enacted legislation directly targeting private re-homing and because no such legislation exists …

Law And Health Care Newsletter, Vol. 24, No. 1, Fall 2016

Law & Health Care Newsletter

No abstract provided.

Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck

Dalhousie Law Journal

Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …

Imagining Global Health With Justice, Lawrence O. Gostin

Dalhousie Law Journal

This article offers a way to achieve global health with justice as a global health imperative. It is possible to have global health without justice, meaning that improvements in health outcomes could be achieved, but without a fair distribution of the benefits of good health. It is also possible to have justice without global health, where health outcomes are evenly distributed across the population but overall health is not improved. With this understanding, this article challenges current ways of understanding global health, and argues that absolute reductions in morbidity and premature mortality are not robust indicators of success in the …

Zika Virus And Global Health Security, Lawrence O. Gostin, James G. Hodge Jr.

Georgetown Law Faculty Publications and Other Works

Americans are largely apathetic about the risks of Zika virus and Congress cannot agree on preparedness funding. Strategies to counter the spread of Zika by the World Health Organisation (WHO) grossly underestimate the disease’s impact. WHO and member countries lack sufficient resources to respond. Consequences of fiscal apathy can be measured in lives lost and long-term disabilities. Zika prevention is a matter of global health security.

The epidemiologic brunt of Zika in South America falls largely on vulnerable women at heightened risk of exposure through mosquitoes and sexual transmission. Resulting transmission to fetuses and infants will have generational impacts in …

Introduction: The Gentrification Game, Barbara Lewis

Trotter Review

In real estate talk, there are only three things that matter, and they are location, location, location. The same is true in dispossession, which translates into the freeing up of location so that it can be possessed by others. Another term that has cropped up fairly recently, much in use in the crossover between the twentieth and twenty-first centuries, is gentrification, which has a benign face as well as one that is not so kindly, like the paired tragic and comic masks of classic drama.

In this issue of the Trotter Review, we explore gentrification and its alternate, dispossession, …

Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey

Georgia Journal of International & Comparative Law

No abstract provided.

Boyd Briefs - Sept. 15, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Boyd Briefs - Sept. 8, 2016, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.

Population-Based Legal Analysis: Bridging The Interdisciplinary Chasm Through Public Health In Law, Wendy E. Parmet

Journal of Legal Education

No abstract provided.

Too Many Humans, Dwindling Resources, And Not Enough Space, Jorge T. Martinez

Environmental and Earth Law Journal (EELJ)

This paper will address the often-overlooked subject of human overpopulation and examine the role it plays in the environmental health of our planet. Part I will define overpopulation and how it is determined, as well as briefly examine animal overpopulations and their effects on the environment. Part II will turn to human population trends, the carrying capacity of humans on earth, and the environmental consequences of human overpopulation. The environmental issues currently faced in China, India, Africa, and other densely populated areas will be explored. Part III will analyze some of the legal solutions that have been implemented to curb …

Hurricane Sandy And Her Lasting Environmental Impacts, Amanda Hunt

Environmental and Earth Law Journal (EELJ)

More than three years have passed since Hurricane Sandy; estimated to be nearly 900 to 1,000 miles wide, made landfall along the U.S. Mid-Atlantic and Northeast Coasts on October 29, 2012. This Comment addresses the exacerbated environmental and public health effects of Hurricane Sandy, which resulted from flaws in disaster relief funding.

The Right For Autonomy, The Duty Of Disclosure And Public Health Considerations – The 2013 Polio Crisis In Israel As A Case Study, Dr. Nili Karako Eyal

Pace Law Review

Despite sharing the same theoretical framework of discussion with other papers, this paper addresses an ethical and legal issue that has received little attention in academic and public discourse: the duty of disclosure in the context of vaccinations. In particular, the paper addresses the question whether public health considerations provide a justification for restricting the duty of disclosure in the case of vaccination.

Delimitating the research question to the issue of disclosure has several implications. First, the decision to vaccinate the population with bOPV as describe above and the decision to adopt a voluntary vaccination policy are not the focus …

Abetting Mass Prison Escape: A Defense, David W. Frank

University of Miami Race & Social Justice Law Review

No abstract provided.

Changing Climate And Changing Doctrine: Howgreenhouse Gases Have Polluted The Epa’S Clean Airact Authority And How To Clean It Up, Nick Kunkel

LSU Journal of Energy Law and Resources

No abstract provided.

Managing Our Microbial Mark: What We Can Learn About Pay For Performance From Ebola's Arrival At Our Shores, Ann Marie Marciarille

Faculty Works

The narrative of Ebola’s arrival in the United States has been overwhelmed by our fear of a West African-style epidemic. The real story of Ebola’s arrival is about our healthcare system’s failure to identify, treat, and contain healthcare associated infections. Having long been willfully ignorant of the path of fatal infectious diseases through our healthcare facilities, this paper considers why our reimbursement and quality reporting systems made it easy for this to be so. West Africa’s challenges in controlling Ebola resonate with our own struggles to standardize, centralize, and enforce infection control procedures in American healthcare facilities.