Digital Commons Network^™

But-For Nassar, There Would Not Be A Causation Conundrum In Title Vii Retaliation Litigation: How University Of Texas Southwest Medical Center V. Nassar Makes It Harder For Employees To Prevail, Katherine Todd Stark

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Who's Calling The Shots: Individual V. State: A Look Inside The Exemption Laws And The Threats Of Foregoing Vaccinations, Lyndsey B. Davis

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Wildlife Crime And Degradation In Africa: An Analysis Of The Current Crisis And Prospects For A Secure Future, Kofi Ernest Abotsi, Paolo Galizzi, Alena Herklotz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Trips Agreement Article 31 (B): The Need For Revision, Ann Marie Effingham

Seton Hall Law Review

No abstract provided.

Best Practices For A State Alzheimer's Disease Registry: Lessons From Georgia, Elizabeth Weeks Leonard, Rui Bu, Amanda Alexandra Brown

Scholarly Works

In May 2014, the Georgia General Assembly enacted legislation establishing the Alzheimer’s Disease Registry (“Registry”) in order to generate new data for research and policy planning. The Task Force bill followed similar federal legislation. This state action has not only drawn tremendous attention to the continued prevalence of Alzheimer’s disease among the population of Georgia but also raised a series of questions regarding the practicability, legality, and effectiveness of the Registry. The lessons learned in Georgia, as Registry implementation moves forward, will provide guidance for other states interested in collecting similar data. In Part I of this article we describe …

Applied Ethics: A Misnomer For A Field?, Leslie Francis

Utah Law Faculty Scholarship

You may have guessed that I’m a pragmatist, methodologically. To that, I plead guilty; I think ethics could learn a great deal from the pragmatist tradition. And one of the most important things it could learn is to object to artificial separations between “ethics” and its “application.”

Access-To-Error, Michal Shur-Ofry

Cardozo Arts & Entertainment Law Journal

Access to knowledge is a crucial part of the innovation paradigm, and its significance for development and progress is well recognized Conversely, the role of errors, failures, and additional types of negative information in the dynamics of innovation is insufficiently explored in law and policy scholarship. This Article focuses on errors as drivers of innovation, and explores new ways for facilitating access to error.

Drawing on multidisciplinary research-ranging from philosophical accounts of progress through studies of complex systems to accumulating reflections from diverse scientific communities-this Article demonstrates that, counterintuitively, errors and innovation are inextricably linked. Yet, the principal legal, institutional, …

Mystery Date: Advocating For A Harmonized System Of Expiration Date Labeling Of Food, Akshat Tiwari

Vanderbilt Journal of Transnational Law

Americans throw out roughly 25 percent of the food they bring home. Negative perceptions associated with expiration dates are a leading cause for this waste. However, a complex patchwork of state-run regulatory regimes and varying terminology makes it difficult for consumers to determine whether a food product is unsafe to eat or simply past a peak quality level arbitrarily set by manufacturers. Regulatory trends in Europe, the United Kingdom, Canada, Australia, and New Zealand suggest a move towards binding expiration date labeling through guidelines for establishing a "best before" or "use-by" date. This Note examines laws currently in place in …

Reforming Healthcare Reform, Jacqueline Fox

University of Richmond Law Review

No abstract provided.

To Accommodate Or Not To Accommodate: (When) Should The State Regulate Religion To Protect The Rights Of Children And Third Parties?, Hillel Y. Levin, Allan J. Jacobs, Kavita Arora

Scholarly Works

When should we accommodate religious practices? When should we demand that religious groups instead conform to social and legal norms? Who should make these decisions, and how? These questions lie at the very heart of our contemporary debates in the field of Law and Religion.

Particularly thorny issues arise where religious practices may impose health-related harm to children within a religious group or to third parties. Unfortunately, legislators, scholars, courts, ethicists, and medical practitioners have not offered a consistent way to analyze such cases and the law is inconsistent. This Article suggests that the lack of consistency is a troubling …

Beyond Lifestyle: Governing The Social Determinants Of Health, Wendy K. Mariner

Faculty Scholarship

Non-communicable and chronic diseases have overtaken infectious diseases as the major causes of death and disability around the world. Despite recognition that reduction in the chronic disease burden will require governance systems to address the social determinants of health, most public health recommendations emphasize individual behavior as the primary cause of illness and the target of intervention. This Article argues that focusing on lifestyle can backfire, by increasing health inequities and inviting human rights violations. If States fail to take meaningful steps to alter the social and economic structures that create health risks and encourage unhealthy behavior, health at the …

Adjudicating Risk: Aids, Crime, And Culpability, Aziza Ahmed

Faculty Scholarship

The AIDS epidemic continues to pose significant public health challenges, especially given that the spread of the virus outpaces the AIDS response.¹ Importantly, HIV continues to disproportionately impact socially and economically marginalized communities. In countries with concentrated epidemics,² it is racial minorities, sex workers, men who have sex with men, and drug users who face the brunt of the epidemic.³ In the United States, the data is startling⁴ : 44% of new infections were among African-Americans, and among African-Americans contracting HIV, 57% were among gay and bisexual men.⁵ In 2016, the CDC found that one …

Law And Politics, An Emerging Epidemic: A Call For Evidence-Based Public Health Law, Michael Ulrich

Faculty Scholarship

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be …

The 'Uberization' Of Healthcare: The Forthcoming Legal Storm Over Mobile Health Technology's Impact On The Medical Profession, Fazal Khan

Scholarly Works

The nascent field of mobile health technology is still very small but is predicted to grow exponentially as major technology companies such as Apple, Google, Samsung, and even Facebook have announced mobile health initiatives alongside influential healthcare provider networks. Given the highly regulated nature of healthcare, significant legal barriers stand in the way of mobile health’s potential ascension. I contend that the most difficult legal challenges facing this industry will be restrictive professional licensing and scope of practice laws. The primary reason is that mobile health threatens to disrupt historical power dynamics within the healthcare profession that have legally enshrined …

Zika Funding And Partisan Politics, Janet L. Dolgin

Hofstra Law Faculty Scholarship

No abstract provided.

International Intellectual Property Shelters, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Phase-Out And Sunset Of Travel Restrictions In The International Health Regulations, Sarah R. Goldfarb

Brooklyn Journal of International Law

Whether and to what extent travel restriction should be implemented during international infectious disease epidemics became a controversial issue, most recently, during the 2014 Ebola outbreak. The primary authority on the manner in which to respond to such epidemics is the International Health Regulations (IHR). The IHR is a treaty, established by the World Health Organization (WHO), which governs and coordinates international responses to international infectious disease epidemics. Despite the WHO's strong advisement to the contrary, many countries who were signatories to the IHR implemented travel bans and other types of travel restrictions to prevent the transmission of the disease …

China’S New Law On Exploration And Exploitation Of Resources In The International Seabed Area Of 2016, Nengye Liu, Rakhyun Kim

Research Collection Yong Pung How School Of Law

Despite its rich metallic mineral resources on land,1 the People’s Republic of China (China) has been actively exploring for deep seabed minerals in the international seabed area (the Area).2 The legal framework is provided by the United Nations Convention on the Law of the Sea (LOSC).3 China and the Russian Federation are the only States currently sponsoring exploration of all three types of deep seabed mineral deposit in the Area (polymetallic nodules in the Clarion-Clipperton Fracture Zone, seafloor massive sulphides in the South West Indian Ridge, the Central Indian Ridge, and the Mid-Atlantic Ridge, and cobalt-rich ferromanganese crusts in the …

Artificial Nutrition And Hydration And The Patient In Persistent Vegetative State: Roman Catholic Magisterial Teaching On The Right To Refuse Medical Treatment Versus The Obligation To Provide Ordinary Care, Donald H.J. Hermann

University of Dayton Law Review

No abstract provided.

Making International Health Regulations Work: Lessons From The 2014 Ebola Outbreak, Tsung-Ling Lee

Vanderbilt Journal of Transnational Law

Many legal scholars believe that the lack of enforcement mechanisms provided by the International Health Regulations (IHR) in part explains the slow containment of the deadly Ebola virus disease outbreak in West Africa in 2014. In contrast, some global health practitioners deem funding for global health emergencies as a key remedy to the ineffective international infectious disease control regime. Such belief underpinned the creation of the Pandemic Emergency Facility (PEF), the World Bank's new financing initiative, aiming to finance global disaster response. Some commentators hope that the establishment of the PEF will resuscitate international interest in global health security and …

Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman

Scholarly Articles in Law Reviews & Journals

This Article explores how AIDS activists, desperate for access to potentially life-saving pharmaceuticals, permanently transformed America’s “drug constitution.” Their advocacy altered the FDA’s interpretation and application of the federal Food, Drug, and Cosmetic Act (FDCA) so as to expedite the availability of new, unproven drugs for critical illnesses, thus enhancing individual patients’ autonomy to make therapeutic choices without government interference. The FDCA is more than simple set of instructions to a federal agency — it is a source of vitally important and deeply entrenched institutional and normative frameworks. Like major civil rights, antitrust, and environmental statutes, the FDCA should be …

From Patient Rights To Health Justice, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

Models emphasizing professional autonomy, patient rights, market power, and health consumerism are no longer adequate to address the increasingly social, collective nature of health law institutions, instruments, and norms. What is needed is a new model that expressly recognizes the public-alongside the patient, the provider, and the payer-as an important stakeholder and active participant in decisions about medical treatment, health care coverage, and allocation of scarce resources. In a previous article, the author looked to the environmental justice, reproductive justice, and food justice movements for inspiration in developing a "health justice" approach to eliminating social disparities in health. This Article …

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Faculty Articles

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule). This Article addresses the question of what it means for …

The International Health Regulations: The Governing Framework For Global Health Security, Lawrence O. Gostin, Rebecca Katz

Georgetown Law Faculty Publications and Other Works

• The International Health Regulations (IHR) are the governing framework for global health security yet require textual and operational reforms to remain effective, particularly as parallel initiatives are developed.
• The World Health Organization (WHO) is the agency charged with oversight of the IHR, and its leadership and efficient functioning are prerequisites for the effective implementation of the IHR.
• We reviewed the historical origins of the IHR and their performance over the past 10 years and analyzed all of the ongoing reform panel efforts to provide a series of politically feasible recommendations for fundamental reform.
• This article offers proposals for fundamental reform—with …

The Law And Economics Of Proportionality In Discovery, Jonah B. Gelbach, Bruce H. Kobayashi

Georgia Law Review

This Article analyzes the proportionality standard in discovery. Many believe the renewed emphasis on this standard contained in the 2015 Amendments to the Federal Rules of Civil Procedure has the potential to infuse litigation practice with considerably more attention to questions related to the costs and benefits of discovery. We discuss the history and rationale of proportionality's inclusion in Rule 26, adopting an analytical framework that focuses on how costs and benefits can diverge in litigation generally, and discovery in particular. Finally, we use this framework to understand the mechanics and challenges involved in deploying the six factors included in …

The Dynamics Of Excessive Force, Daria Roithmayr

Publications

No abstract provided.

The Dynamics Of Excessive Force, Daria Roithmayr

Publications

Existing scholarship suggests that police use of excessive force will be greatest in departments with "bad apple" officers or bad top-down incentive structures. This paper proposes an alternative theoretical account to argue that patterns of excessive force dynamically emerge from local interactions among individuals that aggregate to form more global patterns of escalation, contagion, and decay. I focus on two dynamic interactions in particular. First, I argue that excessive force spreads and escalates by way of a self-reinforcing arms race between civilians and officers that intensifies the use of excessive force over time. As officers use excessive force, civilians in …

Global Health Security Agenda Legal Landscape Assessment, Natasha M. Nussbaum

Master's Projects and Capstones

The Global Health Security Agenda (GHSA) was created on February 13, 2014, to improve country's ability to detect, prevent and respond to emerging health threats. Eleven action packages were created. The detection action package included antimicrobial resistance, zoonotic diseases, national biosafety/biosecurity and immunization. The prevention action package included establishing a national laboratory system, strengthening real-time biosurveillance, advancing timely and accurate disease reporting and establishing a trained global health security workforce.The response action package focused on establishing emergency operation centers, linking public health and law enforcement and enhancing medical countermeasures/personnel deployment.

The following paper summarizes the components performed for the GHSA …

The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato

Michigan Journal of International Law

This Article endeavors to broaden the analysis of available policy tools to address the problems created by financial crises and discusses how, in addition to direct regulation, certain tax measures having a regulatory nature may operate to address the so-called “negative externalities” often associated with those crises. There is a negative externality when an economic agent making a decision does not pay the full cost of the decision’s consequences. In such cases, the cost to society as a whole is greater than the cost borne by the individuals creating the economic impact. In practice, negative externalities result in market inefficiencies …

Emergency Takings, Brian Lee

Faculty Scholarship

No abstract provided.