Digital Commons Network^™

The Epidemic Of Antibiotic Resistance: A Legal Remedy To Eradicate The "Bugs" In The Treatment Of Infectious Diseases, Mike Misocky

Akron Law Review

Even though some hospitals have initiated programs aimed at curbing inappropriate antibiotic use, present day circumstances warrant a comprehensive approach to the pending epidemic. In an era where managed care organizations are prevalent and the crux of health care takes place in the community, the opportunity exists for a legal remedy to halt the progression of a possible "superbug" tyranny. This article sets forth the Antibiotic Resistance Epidemic in Part 11. Parts III and IV discuss the causative agents while emphasizing the need for a regulatory attack to the problem. The remainder of this article concentrates on a proposal to …

Pay No Attention To That Man Behind The Curtain: Concealment, Revelation, And The Question Of Food Safety, Denis W. Stearns

Seattle University Law Review

Despite knowledge that commerce in food is a profit-driven enterprise, the public has consistently put great faith in the wholesomeness and safety of the food being purchased. To some extent, such faith is necessary, even if not always justified. In making the decision to put a bite of food in one’s own mouth, or the mouth of a friend or family member, a form of faith or trust must accompany the act of eating. For who would knowingly eat food suspected to be unsafe? But that is precisely what millions of people do every year, with a great many of …

Ill-Conceived Laws And Exploitative State: Toward Decriminalizing Prostitution In India, Yugank Goyal, Padmanabha Ramanujam

Akron Law Review

Part II describes the history of prostitution in India and shows how the skeletons of morality were reconstructed during colonial rule. It also discusses the lack of strong evidence that prostitute women were treated in the same deplorable way in ancient India as they are today. In Part III, we explore the legal landscape in India concerning prostitution and describe how, even though prostitution is not illegal per se, the associated legislative and enforcement apparatus in India has, in effect, rendered it criminal activity in the eyes of the law. Part IV discusses the forms and players involved in exploitation, …

Obama, The Fourteenth Amendment, And The Drug War, Martin D. Carcieri

Akron Law Review

This article is written to help clarify the full range of understanding Obama would bring to a second term.

Specifically, I defend two related, contested theses. My core thesis, to which this article is primarily devoted, is a jurisprudential claim: contrary to state and lower federal court rulings, marijuana prohibition is subject to strict judicial scrutiny under leading relevant U.S. Supreme Court jurisprudence. I support this thesis primarily by showing that under the Fourteenth Amendment, bodily autonomy—i.e., the control over the borders and contents of one’s body burdened by laws like marijuana prohibition—is a fundamental right, and that the Court …

Mid-Atlantic Ethics Committee Newsletter, Summer 2015

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

University of Miami Business Law Review

The CDC’s Interim Guidance for Monitoring and Movements of Persons with Potential Ebola Virus Exposure is deeply flawed because it disregards the science of Ebola transmission. It recommends that officials quarantine individuals exposed to the virus but who do not have any symptoms of illness, ignoring the fact that only those with Ebola symptoms can communicate the virus to others. Consequently, any quarantine order based on the Guidelines is surely unconstitutional and illegal under most states’ public health statutes—as exemplified by the State of Maine’s failed petition to quarantine Nurse Kaci Hickox in October 2014. This article examines the Guidance …

Legal, Operational, And Practical Considerations For Hospitals And Health Care Providers In Responding To Communicable Diseases Following The 2014 Ebola Outbreak, Jane Jordan, Greg Measer, Asha Agrawal, James G. Hodge Jr.

University of Miami Business Law Review

This article analyzes some of the potential issues that may arise during epidemics or other public health emergencies. It specifically focuses on legal and operational preparedness experiences at Emory University during the 2014 Ebola crisis. Emory University Hospital was the first health care facility in the U.S. to treat patients diagnosed with Ebola Viral Disease (EVD). Although EVD has particularly frightening symptoms and a high mortality rate, its containment and treatment implicate similar legal, practical, and operational issues as other highly infectious and communicable diseases. These issues include laws related to: isolation and quarantine; travel restrictions; duties to treat highly …

Carnival Cruise Ships In South Carolina: Nuisance And Cruise Control, William H. Yarborough

South Carolina Law Review

No abstract provided.

Child Marriage Legislation In The Asia-Pacific Region, Elisa Scolaro, Aleksandra Blagojevic, Brigitte Fillion, Venkatraman Chandra-Mouli, Lale Say, Joar Svanemyr, Marleen Temmerman

Obstetrics and Gynaecology, East Africa

Child marriage is a human rights violation that robs a girl of her childhood, puts her health, growth, and development at risk, disrupts her education, limits her opportunities for empowerment and social development, and increases her risk of exposure to violence and abuse (for a review of the evidence on the negative effects of child marriage on girls and their children, see Parsons et al. 2015, in this issue). While child marriage is not mentioned specifically in the 1989 Convention on the Rights of the Child (CRC), the Convention does contain a provision requiring governments to abolish “traditional practices prejudicial …

Estelle V. Gamble In A Post-Affordable Care Act World, Hallie E. Mitnick

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

Middle East Respiratory Syndrome: A Global Health Challenge, Lawrence O. Gostin, Daniel Lucey

Georgetown Law Faculty Publications and Other Works

Beginning in May 2015, Middle-East respiratory syndrome (MERS) experienced its first publicly reported “super-spreading” event in South Korea. By mid-June, more than 120 cases and 11 deaths in South Korea had been linked to a businessman returning from travel to Bahrain, United Arab Emirates, the Kingdom of Saudi Arabia and Qatar. Globally more than 1200 had been infected of whom more than 450 died—a high fatality rate of 37%.

What are the most effective legal, social, and public health responses to MERS and other emerging diseases? First, the World Health Organization’s International Health Regulations (IHR) did not effectively guide the …

Brief Of Amici Curiae Human Rights Organizations In Support Of Plaintiffs-Appellants, Georges V. United Nations, Docket No. 15-00455 (Second Circuit 2015), William Aceves, Baher Azmy, Sarah Dávila-Ruhaak

Court Documents and Proposed Legislation

Amici Curiae consist of twenty-four human rights organizations from the United States and around the world that are committed to the rule of law and respect for fundamental rights, including the essential requirement of accountability for wrongdoing. Amici are deeply concerned that thousands of innocent victims of the 2010 cholera outbreak in Haiti, which is widely acknowledged to have been caused by the United Nations and the United Nations Stabilization Mission in Haiti (“MINUSTAH”), have received no redress for their suffering and injuries. This cholera epidemic compounded the profound suffering already experienced by the Haitian people as a result of …

Who Leads The G-Zero World? Multi-Nationals, Sustainable Development, And Corporate Social Responsibility In A Changing Global Order, Avi Sharma

Washington International Law Journal

The UN Sustainable Development Goals (“SDGs”) aim to create a more peaceful, just, and environmentally sustainable global community. The SDGs target seventeen areas that demand immediate action by the international community, including the eradication of poverty, gender equality, climate change mitigation, and resilience building. Unfortunately, the world’s most powerful nation-state actors are unlikely to make the costly investments required to achieve the goals laid out in this ambitious UN document. In fact, this article argues that nation-state actors have powerful disincentives to play a leadership role in advancing the SDGs. The question then becomes: if nation-states are unable or unwilling …

Examining Critical Race Theory: Outsider Jurisprudence And Hiv/Aids - A Perspective On Desire And Power, Shannon Gilreath

Minnesota Journal of Law & Inequality

Symposium: Examining Critical Race Theory: Honoring Professor Richard Delgado

Cost-Effective Juvenile Justice Reform: Lessons From The Just Beginning "Baby Elmo" Teen Parenting Program, Shani King, Rachel Barr, Jennifer Woolard

North Carolina Law Review

No abstract provided.

Who’S To Blame? Blame Attributions And Obesity-Related Law And Policy, Lindsey E. Wylie

Department of Psychology: Dissertations, Theses, and Student Research

Obesity is a foremost public health concern that has received considerable attention. Because of this so-named “epidemic,” law-makers are challenged with implementing effective policies that the public supports. Little is known, however, about the antecedents and consequences of these policies—especially attributions of blameworthiness. Study 1 developed the Obesity Blame Attribution Scale (OBAS). Confirmatory factor analysis demonstrated that controllability, responsibility and dispositional blame were separate constructs and were part of a higher-order dispositional blame factor. Situational blame was a separate higher-order factor, not correlated with dispositional blame, consisting of blame toward the food industry and towards government policy. Using the OBAS, …

Deprivation And "Deviance": The Disability And Health Experiences Of Women In North Carolina's Prisons, Carrie Griffin Basas, Lisa Peters

North Carolina Law Review

No abstract provided.

Setting A Minimum Standard Of Care In Clinical Trials: Human Rights Law And Bioethics As Complementary Frameworks, Fatma E. Marouf, Bryn S. Esplin

Faculty Scholarship

For the past few decades, there has been intense debate in bioethics about the standard of care that should be provided in clinical trials conducted in developing countries. Some interpret the Declaration of Helsinki to mean that control groups should receive the best intervention available worldwide, while others interpret this and other international guidelines to mean the best local standard of care. Questions of justice are particularly relevant where limited resources mean that the local standard of care is no care at all. Introducing human rights law into this complex and longstanding debate adds a new and important perspective. Through …

Mandatory Hiv Status Disclosure For Students In Illinois: A Deterrent To Testing And A Violation Of The Americans With Disabilities Act, Anthony Todd

Northwestern Journal of Law & Social Policy

No abstract provided.

A Compelling Interest? Using Old Conceptions Of Public Health Law To Challenge The Affordable Care Act’S Contraceptive Mandate, Joshua Joel

Georgia State University Law Review

No abstract provided.

Psst! Wanna Buy A Bridge? Ip Transfers Of Non-Existent Property, Stephen T. Black

Georgia State University Law Review

No abstract provided.

Why "Live-And-Let-Live" Is Not A Viable Solution To The Difficult Problems Of Religious Accommodation In The Age Of Sexual Civil Rights, Mary Anne Case

Articles

No abstract provided.

Law Enforcement Officer Stress Management Art Therapy Group Design, Abigail Williams

EVMS School of Health Professions Master's Level Capstones, Projects and Papers

Law enforcement officers are at increased risk for experiencing negative physical and psychological effects of stress. Art therapy can be an effective method for addressing the effects of stress. The goal of this paper will be to present the design for a 16-week stress management art therapy group for law enforcement officers. The purpose of this paper will be to provide art therapists with insight into understanding police culture and needs and how art therapy can address those needs. The design of this group includes an integrative approach to group art therapy treatment in order to maximize effectiveness and meet …

Newsletter Spring 2015

Newsletter

No abstract provided.

Managing For Social Change: Improving Labor Department Performance In A Partisan Era, Seth D. Harris

West Virginia Law Review

No abstract provided.

Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman

Northwestern Journal of Human Rights

No abstract provided.

Coping With A New "Yellow Peril": Japanese Immigration, The Gentleman's Agreement, And The Coming Of World War Ii, Paul Finkelman

West Virginia Law Review

No abstract provided.

The U.S. Food Safety Modernization Act: Implications In Transnational Governance Of Food Safety, Food System Sustainability, And The Tension With Free Trade, Neal Fortin

Duke Environmental Law & Policy Forum

No abstract provided.

The Charitable Deduction Games: Catching Change

Georgia State University Law Review

No abstract provided.

When Condoms Fail: Making Room Under The Aca Blanket For Prep Hiv Prevention, Jason Potter Burda

San Diego Law Review

Given the alarming upward trend in HIV infection rates and the downward trend in condom usage, the United States needs a new approach to HIV prevention. One such approach, HIV pre-exposure prophylaxis, commonly known as “PrEP,” has the potential to significantly reduce HIV incidence. The FDA recently approved a daily dose of Truvada®—an antiretroviral drug that suppresses the virus in HIV-positive individuals—for daily use by high-risk HIV-negative individuals to prevent infection. Despite an efficacy above ninety percent and significant regulatory momentum, this pharmacological prevention modality has proven difficult to implement. This Article addresses the social, legal, and policy challenges that …