Digital Commons Network^™

"Transplanting" Organ Donors With Printers: The Legal And Ethical Implications Of Manufacturing Organs, Katherine A. Smith

Akron Law Review

Three-dimensional (3D) printing is no longer restricted to simple inanimate objects; that conjecture is a thing of the past. With advancements in many areas of science, living tissues and organs can now be printed through a technique called 3D bioprinting. This technology could potentially save the lives of the 120,000 Americans in need of an organ transplant. However, whether or not a 3D bioprinted organ qualifies as a “human organ” under the National Organ Transplant Act (NOTA) and whether 3D bioprinted organs require federal approval could either delay or completely bar this technology’s promise. The Ninth Circuit’s Flynn v. Holder …

Masking Your Rights: Facemask Requirements Under Mandatory Influenza-Vaccination Policies Violate Privacy Rights Of Health Care Workers, Janet S. Kim

San Diego Law Review

Hospitals should abandon the facemask requirements in their mandatory influenza-vaccination programs because the facemasks can infringe on the privacy rights of health care workers, and hospitals can still achieve their vaccination goals through less restrictive practices. Part II introduces the recent rise of mandatory influenza-vaccination policies for health care workers, how hospitals exempt certain employees, and the consequences for those exempted. Part III discusses the legal implications of requiring exempted employees to wear facemasks and other identifying material under federal and state privacy law. Part IV recommends that health care employers abandon facemask requirements in their mandatory-vaccination programs in order …

Newsletter, Summer/Fall 2016

Newsletter

No abstract provided.

Will The Ebola Epidemic Serve To Make Reform Of The Broken Health Research And Development Framework Go Viral?, Jeremy Mcdonald

Indiana Journal of Global Legal Studies

The recent Ebola outbreak in West Africa has captured the public imagination as few other epidemics have, as its rapid spread and lethal effect demonstrated the devastating toll that infectious diseases can exact from a world unprepared to confront them. In light of the epidemic's tragic consequences, numerous experts have called for reform of the system of global health governance whose shortfalls allowed the epidemic to assume the horrifying dimensions it did. Among the many inadequacies that the outbreak uncovered is the insufficient amount of research into and development of treatments and vaccines for infectious diseases of poverty, among them …

My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Intersections Of Violence Against Women And Health: Implications For Health Law And Policy In Nigeria, Cheluchi Onyemelukwe

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.

Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely

William & Mary Environmental Law and Policy Review

No abstract provided.

Sustainable Development, Natural Resource Extraction, And The Arctic: The Road Ahead, Edward Canuel

Alaska Law Review

Sustainable development has emerged as an integral nexus, linking together critically important global issues including environmental stewardship and economic growth. Understanding sustainable development demands a close analysis of evolving definitions, conceptual applications, and areas of convergence and divergence within international, regional, and domestic institutions. The import and impact of hard law and soft law must additionally be explored to understand the application of sustainable development to the Arctic. This Article suggests a three-tier framework to assist the multiplicity of stakeholders with diverse equities to navigate the socio-economic and legal hurdles and potential associated with Arctic development. First, a trend has …

James Robert Rawcliffe, Plaintiff And Appellant, V, Robert Anciaux, Et Al., Defendants And Appellees., Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Third District Court, Salt Lake County, State of Utah The Honorable Heather Brereton, District Court No. 140905252

Toward A Common Secure Future: Four Global Commissions In The Wake Of Ebola, Lawrence O. Gostin, Oyewale Tomori, Suwit Wibulpolprasert, Ashish K. Jha, Julio Frenk, Suerie Moon, Joy Phumaphi, Peter Piot, Barbara Stocking, Victor J. Dzau, Gabriel M. Leung

Georgetown Law Faculty Publications and Other Works

The world is becoming increasingly vulnerable to pandemics resulting from globalization, urbanization, intense human/animal interchange, and climate change. A series of global health crises have emerged since 2000, ranging from Severe Acute Respiratory Syndrome (SARS) and its phylogenetic cousin Middle East Respiratory Syndrome (MERS), to pandemic Influenza A (H1N1), Ebola, and the ongoing Zika virus epidemic. The Ebola epidemic gave rise to four global commissions proposing a bold new agenda for global health preparedness and response for future infectious disease threats.

Four global commissions reviewing the recent Ebola virus disease epidemic response consistently recommended strengthening national health systems, consolidating and …

Turning The Tide: The Future Of Hiv Criminalization After Rhoades V. State And Legislative Reform In Iowa, Brian Cox

Northwestern Journal of Law & Social Policy

No abstract provided.

A Yellow Fever Epidemic: A New Global Health Emergency?, Lawrence O. Gostin, Daniel Lucey

Georgetown Law Faculty Publications and Other Works

The worst yellow fever epidemic in Angola since 1986 is rapidly spreading, including the capital, Luanda. In Angola, the epidemic began in December 2015 and the laboratory-confirmed outbreak was reported to the World Health Organization (WHO) on January 21, 2016. Angola has had 2023 suspected cases and 258 deaths as of April 26, 2016. China, the Democratic Republic of Congo, and Kenya also have reported cases arising from infected travelers from Angola. Namibia and Zambia also share a long border with Angola, with considerable population movement between the countries. Similar to other recent epidemics, quick and effective action to stop …

“Going Viral” By Stealing Content: Can The Law Cure The Problem Of Viral Content Farming?, Sara Gates

Fordham Intellectual Property, Media and Entertainment Law Journal

Part I introduces the concept of viral content farming, examines its origins, points out how it differs from aggregation, and consid-ers the purpose behind the practice. The Part looks at how compa-nies such as Google and Facebook have responded, and examines the overall impact on journalism and the Internet. Part II presents a possible ethical solution within the journalism industry and consid-ers resolutions in the law by describing the “hot news” misappro-priation doctrine and copyright law. Part III scrutinizes three pro-posals and discusses why copyright law is the most appropriate solution to the problem, then analyzes content farming within the …

Vol. 7 No. 2, Spring 2016; The Great De-Bait: America, Deer Hunting, And The Camouflage Of Anti/Pro-Baiting Regulations, Cole Deblaey

Northern Illinois Law Review Supplement

Big-game baiting is hunting’s civil war of the soul, a battle of ideas like few the sport has ever seen. Most debates in the hunting community deal with the mechanics of the sport, nuts-and-bolts issues such as season dates, equipment and management strategies of wildlife agencies. This one is different. It questions the heart, soul, and motive of a hunter–and that inflames deep passions. The argument has been waged between brothers in the world’s oldest sport at hunting lodges, wildlife agencies, seats of government, and the ballot box. This Comment canvases and attempts to demystify the camouflage of pro and …

Aging American Prisons: Length Of Stay, Dying Behind Bars, And Implications For Public Health, Stephanie G. Barger

Sociology and Criminology Undergraduate Honors Theses

One notable consequence of mass incarceration is the growing population of elderly prison inmates in the U.S. This growth raises questions concerning the causes and implications of such a change, as housing older prisoners places a financial strain on state and federal correctional systems. Because this added cost is largely a result of medical needs, the growing elderly inmate population has raised questions about the impact of incarceration on health. This study investigates the causes of this “graying” of American prisons and its potential effects on correctional and community health. Using National Corrections Reporting Program data from 1990 to 2009, …

Ebola And Human Rights: Post-9/11 Public Health And Safety In Epidemics, George J. Annas

Faculty Scholarship

In public health practice, the concepts of health and safety are often conflated. However, protecting and promoting health is radically different from protecting and promoting safety. Since 9/11, the distinctions between health and safety have changed and are in the process of merging. In our terrorism-obsessed world, public health has been increasingly militarized and enlisted, often without protest, into the service of protecting the safety of the public and the security of the nation. But safety and security are the proper purposes of law enforcement and the military, not of public health. More importantly, using public health to combat terrorism …

Vaccines And Airline Travel: A Federal Role To Protect The Public Health, Christopher Robertson

Faculty Scholarship

This Article explores two ways in which airline travel is an important vector for the spread of infectious disease, and argues that airlines have market-based and liability-based reasons to require that passengers be vaccinated. Going further, the Article explores whether the federal government has the legal and constitutional authority — especially under the Commerce Clause — to encourage or mandate that airlines implement such a vaccine screen. By disrupting the spread of disease at key network nodes where individuals interact and then connect with other geographic regions, and by creating another incentive for adult vaccination, an airline vaccine screen could …

"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham

Journal of Food Law & Policy

Corporate farms, often known as concentrated animal feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …

Paternalism, Self-Governance, And Public Health: The Case Of E-Cigarettes, Wendy E. Parmet

University of Miami Law Review

This article develops a normative framework for assessing public health laws, using the regulation of e-cigarettes as a case study. Although e-cigarettes are likely far less dangerous to individual users than traditional cigarettes, it remains uncertain whether their proliferation will lead to a reduction of smoking-related disease and deaths or to increased morbidity and mortality. This scientific uncertainty, whether and how to regulate e-cigarettes. This article presents a normative framework for analyzing such questions by offering three justifications for public health laws: impaired agency, harm to others, and self-governance. Each justification responds to the common charge that public health laws …

Where Healthcare And Policing Converge: How Georgia Law Promotes Evasion Of Financial Responsibility For Indigent Arrestees' And Municipal Inmates' Medical Care, L. Taylor Hamrick

Mercer Law Review

When a law enforcement officer arrests an injured or visibly sick person, the officer typically transports the arrestee directly to a hospital for treatment prior to formal booking in a jail or detention facility. Indeed, convicted inmates, pretrial detainees, and arrestees have a constitutional right to receive necessary medical care while in police custody. However, the United States Supreme Court has distinguished a government's constitutional obligation to provide necessary medical care from a duty to pay for such care.' Instead, the Supreme Court has held that a governmental entity must pay for medical treatment of a person in its custody …

Progress In The Fight Against Multidrug Resistant Bacteria?: A Review Of Fda-Approved Antibiotics 2010-2015, Dalia Deak, Kevin Outterson, John H. Powers, Aaron S. Kesselheim

Faculty Scholarship

A weak antibiotic pipeline and the increase in drug-resistant pathogens have led to calls for more new antibiotics. Eight new antibiotics were approved by the U.S. Food and Drug Administration (FDA) between January 2010 and December 2015: ceftaroline, fidaxomicin, bedaquiline, dalbavancin, tedizolid, oritavancin, ceftolozane-tazobactam, and ceftazidime-avibactam. This study evaluates the development course and pivotal trials of these antibiotics for their innovativeness, development process, documented patient outcomes, and cost. Data sources were FDA approval packages and databases (January 2010 to December 2015); the Red Book (Truven Health Analytics); Orange Book: Approved Drug Products with Therapeutic Equivalence Evaluations (FDA); and supplementary information …

Funding Antibiotic Innovation With Vouchers: Recommendations On How To Strengthen A Flawed Incentive Policy, Kevin Outterson, Anthony Mcdonnell

Faculty Scholarship

A serious need to spur antibiotic innovation has arisen because of the lack of antibiotics to combat certain conditions and the overuse of other antibiotics leading to greater antibiotic resistance. In response to this need, proposals have been made to Congress to fund antibiotic research through a voucher program for new antibiotics, which would delay generic entry for any drug, even potential blockbuster lifesaving generics. We find this proposal to be inefficient, in part because of the mismatch between the private value of the voucher and the public value of the antibiotic innovation. However, vouchers have the political advantage in …

Trips Article 31(B) And The Hiv/Aids Epidemic, Johanna Kehl

Journal of Intellectual Property Law

No abstract provided.

Are Scientific Data Repositories Coping With Research Data Publishing?, Massimiliano Assante, Leonardo Candela, Donatella Castelli, Alice Tani

Copyright, Fair Use, Scholarly Communication, etc.

Research data publishing is intended as the release of research data to make it possible for practitioners to (re)use them according to “open science” dynamics. There are three main actors called to deal with research data publishing practices: researchers, publishers, and data repositories. This study analyses the solutions offered by generalist scientific data repositories, i.e., repositories supporting the deposition of any type of research data. These repositories cannot make any assumption on the application domain. They are actually called to face with the almost open ended typologies of data used in science. The current practices promoted by such repositories are …

Preventing Contagion And Protecting Civil Liberties: Problems In Quarantine & Isolation Law In The United States & Suggestions For Reform, Roni Adil Elias

Student Works

Dealing with catastrophic outbreaks of communicable disease will likely be one of the greatest challenges facing state and federal governments in the United States in the twenty-first century. In the last fifteen years, policymakers have become increasingly sensitive to the prospect of bioterrorism acts involving contagious diseases and the threat of rapid international transmission of diseases ranging from influenza to Ebola. The danger to public health posed by disease outbreak—and the danger to social order that would follow a disease outbreak—make it clear that any risk of a rapidly spreading, communicable disease would have to be met with swift and …

Law & Healthcare Newsletter, Vol. 23, No. 2, Spring 2016

Law & Health Care Newsletter

No abstract provided.

Antibiotic Reimbursement In A Model Delinked From Sales: A Benchmark-Based Worldwide Approach, John H. Rex, Kevin Outterson

Faculty Scholarship

Despite the life-saving ability of antibiotics and their importance as a key enabler of all of modern health care, their effectiveness is now threatened by a rising tide of resistance. Unfortunately, the antibiotic pipeline does not match health needs because of challenges in discovery and development, as well as the poor economics of antibiotics. Discovery and development are being addressed by a range of public-private partnerships; however, correcting the poor economics of antibiotics will need an overhaul of the present business model on a worldwide scale. Discussions are now converging on delinking reward from antibiotic sales through prizes, milestone payments, …

Migrant Access To Healthcare: A Study Of Undocumented Migrant Access To Sexual Healthcare & Family Planning Services In Switzerland In 2016, Emily Egbert

Independent Study Project (ISP) Collection

The Swiss healthcare system has experienced a significant influx of vulnerable migrants over the past few years. This presents a challenge to providers and policy makers to account for and provide aid to these non-­‐ Swiss citizens, such as undocumented migrants (UDM), whose status and circumstances may impede their access to healthcare. Along with this, various cultural barriers may present further challenges to access to the health system. This paper explores UDM access to health through the lens of sexual healthcare and family planning. In examining sexual health, the issues of sexually transmitted infections (STIs), HIV/AIDS, and sexual violence were …

Litigating From The Prison Of The Mind: A Cognitive Right To Post-Conviction Counsel, Ken Strutin

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.