Digital Commons Network^™

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Cardozo Law Review

Climate change is the world's greatest environmental threat. It is also increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change's impact - in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …

The International Health Regulations 10 Years On: The Governing Framework For Global Health Security, Lawrence O. Gostin, Mary C. Debartolo, Eric A. Friedman

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) and its global health security treaty, the International Health Regulations (2005) (IHR) have lost the world's confidence after the West African Ebola epidemic. The epidemic led to several high-level reviews of the IHR and global health security more broadly. Here, we propose a series of recommendations for operational and legal reforms to enhance the functioning of the FCGH. It is critical that WHO act on them quickly, before the window of opportunity for fundamental reform closes.

WHO should ensure that all states fulfill their obligations to develop national core surveillance and response capacities, including through …

Indorsing Infant Immunity: An Argument For Criminalizing Parents' Refusal To Immunize Their Children, Megan Elyse Waterman

Tulsa Law Review

No abstract provided.

Gender Perspectives On Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment: Expert Consultation, Brenda V. Smith

Research Reports & White Papers

The aim of this consultation with experts is to ensure that the Special Rapporteur receives the necessary exposure to the different practices, international standards and jurisprudence, and expert opinions that will help him draft his forthcoming thematic report for the United Nations Human Rights Council. The report will focus on assessing the unique experiences of women, girl children and LGBTI persons from the perspective of torture and other cruel, inhuman or degrading treatment and punishment (“CIDTP”) in international law. The consultation will focus on specific practices where the mistreatment rises to the level of torture or CIDTP to identify gaps …

History, Governmental Structure, And Politics: Defining The Scope Of Local Board Of Health Power, Pekham Pal

Fordham Law Review

    Local boards of health often issue regulations that have broad effects that surpass the borders of the city or county to which they apply. Promulgation of such rules by board of health members appointed by the executive branch implicates separation of powers concerns; because such regulations may so extensively burden a locality’s citizens, it may be more appropriate for elected officials to adopt these regulations. Indeed, local businesses or other interested parties often bring suit challenging local board of health actions. Courts apply different analytical methodologies to review these challenges, which often leads to incongruent local health agency discretion for …

Volume 89, Issue 5 (2015)

Obiter Dicta

No abstract provided.

The Indefinite Quarantine: A Public Health Review Of Chronic Inconsistencies In Sexually Violent Predator Statutes, Isaac D. Buck

St. John's Law Review

(Excerpt)

This Article undertakes this public health review in five parts. Part I considers the general structure of SVP statutes, noting the reasoning behind the enactment and implementation of these statutes. Part II focuses the analysis on examples of three different types of SVP statutes' limiting criteria by considering SVP laws from New Jersey, Wisconsin, Virginia, and California. Part III compares the preventive detentions of SVP commitment and quarantine. Part IV applies quarantine principles to the SVP framework, and, after concluding that SVP statutes, as currently configured, do not sufficiently withstand this public health critique, Part V proposes solutions.

Volume 89, Issue 4 (2015)

Obiter Dicta

No abstract provided.

Newsletter Fall 2015

Newsletter

No abstract provided.

Law & Healthcare Newsletter, Vol. 23, No. 1, Fall 2015

Law & Health Care Newsletter

No abstract provided.

Injections, Infections, Condoms, And Care: Thoughts On Negligence And Hiv Exposure, Dustin J. Lee

Cornell Journal of Law and Public Policy

No abstract provided.

The District Court Tried To Make Me Go To Rehab, The Eleventh Circuit Said "No, No, No": The Divide Over Rehabilitation's Role In Criminal Sentencing And The Need For Reform Following United States V. Vandergrift, Kristen Ashe

Villanova Law Review (1956 - )

No abstract provided.

Killing Them Softly: Forcible Transfers Of Indigenous Children, Ruth Amir

Genocide Studies and Prevention: An International Journal

The forcible transfer of indigenous children in North America and Australia are part of a global phenomenon that consisted of the kidnapping, trafficking, removal, and identity changes of children of particular groups.

Article II(e) of the United Nation Convention on the Prevention and Punishment of Genocide prohibits the forcible transfer of children of a group to another group (FTC). The FTC echoes domestic and international legal norms and policies for the protection of children since early twentieth century. Its particular applicability to specific victims within a protected group – children –conveys a unique ethical position compared to the other acts …

Criminal Law And The Counter-Hegemonic Potential Of Harm Reduction, Alana Klein

Dalhousie Law Journal

Harm reduction approaches to drug use have been lauded for saving lives, being cost-effective, elevating pragmatism over prohibitionist ideology, being flexible in tailoring responses to the problem, and for their counter-hegemonic potential to empower people who use drugs. This article examines the legal systems engagement with harm reduction, and, in particular,recent cases that incorporate harm reduction s focus on empirical evidence in policy making into Canadian constitutional rights jurisprudence. It argues that harm reduction approaches in this venue may hold promise as a bulwark against some of the marginalizing features of traditional criminaljustice approaches. However, the article also warns of …

Imagining Global Health With Justice: In Defense Of The Right To Health, Eric A. Friedman, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The singular message in Global Health Law is that we must strive to achieve global health with justice—improved population health, with a fairer distribution of benefits of good health. Global health entails ensuring the conditions of good health—public health, universal health coverage, and the social determinants of health—while justice requires closing today’s vast domestic and global health inequities. These conditions for good health should be incorporated into public policy, supplemented by specific actions to overcome barriers to equity.

A new global health treaty grounded in the right to health and aimed at health equity—a Framework Convention on Global Health (FCGH)—stands …

Funding The Costs Of Disease Outbreaks Caused By Non Vaccination, Robert L. Schwartz

Faculty Scholarship

While vaccination rates in the United States are high – generally over 90 percent – rates of exemptions have been going up, and preventable diseases coming back. 2014 is shaping to be one of the worst years for measles since 1994, with outbreaks generally starting from unvaccinated individuals and affecting primarily the unvaccinated. While pertussis is a more complex story, communities with high rates of exemptions are more vulnerable to outbreaks. Aside from their human cost and the financial cost of treatment imposed on those who become ill, outbreaks impose financial costs on an already burdened public health system, diverting …

Research On The Prospect Analysis And Countermeasures If China Joins The Bwm Convention, Qinghua Gu

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Legal Aid Inequities Predict Health Disparities, James Teufel, Shannon Mace

Hamline Law Review

LEGAL AID INEQUITIES PREDICT HEALTH DISPARITIES

Exotic Addiction, Melissa A. Morgan

Duke Law Journal Online

With an annual profit between $10 and $20 billion, animal smuggling has become the third largest illegal trade in the world, behind only drugs and firearms, and the results are devastating to humans and animals alike. Zoonotic diseases are spreading, animal attack incidents are increasing, and several species are rapidly approaching extinction. This raises several questions that have been largely unanswered: What is causing the increase in demand? How serious are the effects? Why isn’t the law effective in preventing this? What can be done to slow this trend? This Comment attempts to answer these questions by investigating the causes …

Advertising Of Food And Drugs: Concealing A Truth, Hinting A Lie, Barry S. Donner

Akron Law Review

THE FOCUS OF THIS COMMENT is on recent advertisements promoting foods and drugs. Listed below are some representative ads, either recently published in magazines, or broadcast on radio or television. The question is whether they represent practices which, under the Federal Trade Commission Act, are prohibited, or should be prohibited.

Responding To The Childhood Vaccination Crisis: Legal Frameworks And Tools In The Context Of Parental Vaccine Refusal, Dorit Rubinstein Reiss, Lois A. Weithorn

Buffalo Law Review

No abstract provided.

Hazardous Biological Activities In Outer Space, Philip Mcgarrigle

Akron Law Review

The purpose of this article is to focus on space acts that may be classified as ultrahazardous (specifically microbiological research) and to discuss how these activities are or will be affected by current or future legal regulations. Legal standards from both a United States and an international perspective will be discussed.

Breach Of Medical Confidence In Ohio, Craig E. Johnston

Akron Law Review

Fortunately, the patchwork of state and federal statutory, administrative, and case law has greatly limited unrestricted disclosure of medical secrets through the threat of civil and criminal liability. While the law governing the disclosure of medical information sorely lacks a comprehensive approach, one overriding principle emerges from this patchwork: the concern for confidentiality represented in the Hippocratic Oath is alive in Ohio and should guide the release of any medical secrets in the state. There are several statutes that regulate the release of certain types of medical information. For example, information concerning patients suffering from alcohol or drug abuse is …

Recovery For The Wrongful Death Of A Viable Fetus: Werling V. Sandy, Janet I. Stich

Akron Law Review

In Werling v. Sandy, the Ohio Supreme Court held a viable fetus, negligently injured "en ventre sa mere" and subsequently stillborn, may be the basis for a wrongful death action pursuant to Ohio Rev. Code § 2125.01.1 The court's ruling represented Ohio's explicit acceptance of the trend allowing a wrongful death action for the death of a fetus. Although Werling was not a case of first impression in Ohio, it presented the Ohio Supreme Court with the first opportunity to expand the legal rights of the unborn.

Blood Donation: A Gift Of Life Or A Death Sentence?, Sharon L. Dieringer

Akron Law Review

Anyone who has AIDS is a victim. If AIDS produces a victim then who is the perpetrator? AIDS can be transmitted through intimate sexual contact, by sharing contaminated needles, via infected blood or blood products, and through passage of the virus from infected mothers to their newborns.

This comment will concentrate on transmission through infected blood or blood products, and the blood donor. The discussion will focus on the civil and criminal liabilities of a blood donor with the AIDS virus.

United States V. Moore: Aids And The Criminal Law: The Witch Hunt Begins, Robert Louis Stauter Md., J.D.

Akron Law Review

The United States v. Moore opinions written by Federal District Judge Diana E. Murphy and Circuit Judge Timbers reveal a fundamental misunderstanding of the disease process of AIDS. The purpose of this article is to help the reader critically analyze these court opinions. To facilitate this discussion the article will first provide the reader with some very basic, yet very technical, vocabulary used by medical specialists who care for and study patients with AIDS.

Welsh V. United States, The Sixth Circuit Gives A Physics Lesson - For Every Action There Is An Equal And Opposite Reaction, Daniel L. Bell

Akron Law Review

This casenote will review the facts of Welsh v. United States and present the current judicial approaches to spoliation of evidence in civil litigation. Second, the note will analyze the Welsh court's proposed solution to the spoliation problem. Finally, the note will discuss the use of the Welsh approach in litigation and management implications for health care facilities.

Chalk V. United States District Court Central District Of California: A Major Victory For Aids Employees Under The Federal Rehabilitation Act Of 1973, Janet A. Michael

Akron Law Review

This note will first review the facts of Chalk v. United States District Court Central District of California and will present a broad overview of AIDS, outlining current medical knowledge of the disease. Second, this note will analyze the Rehabilitation Act, examining regulations, legislative history, and case law interpreting the Act. Finally, this note will analyze the impact of Chalk on future employment cases.

Safe From Subpoena? The Importance Of Certificates Of Confidentiality To The Viability And Ethics Of Research, Emily Haney-Caron, Naomi E. Goldstein, David Dematteo

Akron Law Review

This Article addresses legal issues related to Certificates, recognizes that Certificates face an uncertain future if challenged in court—based on the statutory history and limited relevant case law—and proposes that changes should be made to ensure Certificates actually offer the protection they promise. Part II reviews the background of Certificates of Confidentiality. Part III explores how Certificates fulfill vital functions by encouraging research participation, satisfying ethical obligations of researchers to protect participant data, and promoting the accuracy of data provided by participants in research studies. Part IV observes that the case law relevant to Certificates of Confidentiality, though limited, presents …

Improving The Image And Legal Status Of The Burial Services Industry, Marvin M. Moore

Akron Law Review

The purpose of this article is to examine the reasons advanced for excluding funeral parlors and graveyards from predominantly residential neighborhoods, the legal devices most commonly employed to accomplish such exclusion, and the propriety of using the police powers of the state to bar a land use that may not always threaten to thwart any of the recognized aims that the police powers are intended to promote. Finally, the article will recommend some practical steps that operators of mortuaries and cemeteries might take in order to gain more public acceptance. To the extent that the law merely reflects the values, …