Digital Commons Network^™

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Anti-Herding Regulation, Ian Ayres, Joshua Mitts

Faculty Scholarship

In some contexts, an individual’s choice to mimic the behavior of others, to join the herd, can increase systemic risk and retard the production of information. Herding can thus produce negative externalities. And in such situations, individuals by definition have insufficient incentives to separate from the herd. But the traditional regulatory response to externality problems is to impose across-the-board mandates. Command-and-control regulation tends to displace one pooling equilibrium by moving behavior to a new, mandated pool. Mortgage regulators, for example, might respond to an unregulated equilibrium where most homeowners start with 2% down by imposing a requirement that causes most …

Emerging Biotechnologies And The 1972 Biological Weapons Convention: Can It Keep Up With The Biotechnology Revolution?, Victoria Sutton

Texas A&M Law Review

In light of the quandaries presented by domestic law, has the Biological Weapons Convention of 1972 (“BWC”) also been so outpaced by the technologies that it is no longer effective and meaningful in international law? Part II will examine the continuum of official actions that have attempted to keep pace with the growing biotechnologies that may present threats to global biosecurity through interpreting the BWC. Part III looks at how these definitions may not be sufficient. Finally, Part IV looks at other mechanisms that may provide a better way of controlling biological weapons than redefining the technologies through the current …

For The Love Of Drugs: Using Pharmaceutical Clinical Trials Abroad To Profit Off The Poor, Breanne M. Schuster

Seattle Journal for Social Justice

No abstract provided.

University Of Texas Southwestern Medical Center V. Nassar: The Supreme Court’S “Heads The Employer Wins, Tails The Employee Loses” Decision, Jenna Hueneger

Saint Louis University Law Journal

No abstract provided.

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Allyn L. Taylor, Emily Whelan Parento, Laura A. Schmidt

Indiana Law Journal

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy.

National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4) …

Fda Industry Guidance Targeting Antibiotics Used In Livestock Will Not Result In Judicious Use Or Reduction In Antibiotic-Resistant Bacteria, Sarah Haag

Fordham Environmental Law Review

No abstract provided.

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

UF Law Faculty Publications

This Article reviews the literature describing the rise of mass incarceration and its effects on individuals, families, and communities. The Article then describes the Just Beginning “Baby Elmo” Program, a cost-effective, sustainable parental instruction and child visitation intervention created for use with incarcerated teen parents. This intervention is designed to increase the quality of interaction between parent and child, increasing the likelihood that the teen father and child will form a positive relationship and maintain that relationship after release from detention—thereby increasing the child’s resilience and reducing the risk of recidivism for the teen father. The “Baby Elmo” Program is …

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …

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

Faculty Articles

This Article first outlines the myriad national security threats posed by a changing climate, addressing the President’s and Congress’s powers to plan, study, and invest in climate-resilient infrastructure at military installations that are vulnerable to a rise in sea levels. Second, this Article asserts that climate change will stress and test persistent separation of powers concerns at home and abroad. Specifically, the President has less authority to protect military infrastructure domestically in the face of congressional intransigence, but has comparably greater authority as Commander in Chief to respond to climate-induced events abroad. Third, this Article argues that the threat of …

N.Y.C. Soda Ban Misconceptions: Why The Real Issue Is Not Fundamental, Christine Mansour

Student Works

No abstract provided.

The Struggle Of Regulating Clinical Trials In A Developing Nation: India’S Experience, Arianna Moure

Student Works

No abstract provided.

Essay: Pharmaceuticals And Global Justice: Balancing Public Health And Intellectual Property Rights, Marisa Morabito

Student Works

No abstract provided.

"Death Is Different": Limiting Health Care For Death Row Inmates, Michelle Masotto

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Understanding And Addressing The Common Roots Of Racial Health Disparities: The Case Of Cardiovascular Disease And Hiv/Aids In African Americans, Matha E. Lang, Chloe E. Bird

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Public Health Implications Of Religious Exemptions: A Balance Between Public Safety And Personal Choice, Or Religion Gonetoo Far?, Christopher Ogolla

Health Matrix: The Journal of Law-Medicine

No abstract provided.

"Don't Have A Cow, Man": Recognizing Herd Share Agreements For Raw Milk, Timothy J. Mayer

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Medicaid And Migrant Farmworkers: Why The State Residency Requirement Presents A Significant Access Barrier And What States Should Do About It, Malea Hetrick

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Ebola, Quarantine, And Flawed Cdc Policy, Robert Gatter

All Faculty Scholarship

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 Harm Principle At Play: How The Animal Welfare Act Fails To Protect Animals Adequately, Proshanti Banerjee

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Efficacy In Emergency Legal Preparedness Underlying The 2014 Ebola Outbreak, James G. Hodge Jr., Leila Barraza, Kim Weidenaar, Alicia Corbett, Gregory Measer, Asha M. Agrawal

Texas A&M Law Review

From its relative obscurity over the past three decades, Ebola viral disease (“EVD”) emerged as a substantial global biothreat in 2014 and 2015. The current outbreak of varied strains of Ebola, beginning in March 2014 in Guinea, is projected to impact hundreds of thousands of people over months, years, or even indefinitely. As of October 31, 2014, the spread of EVD was concentrated in several Af- rican countries (e.g., Sierra Leone, Liberia, Guinea, and an unrelated outbreak in Democratic Republic of Congo), with limited additional cases in Nigeria, Senegal, and Mali. Over 2,700 people are known to have died from …

A Religious Right To Discriminate: Hobby Lobby And “Religious Freedom” As A Threat To The Lgbt Community, Travis Gasper

Texas A&M Law Review

The Supreme Court in its 2014 decision in Burwell v. Hobby Lobby broadly expanded so-called religious freedom protections in the Religious Freedom Restoration Act (“RFRA”) by striking down a provision of the Affordable Care Act requiring employers to provide health insurance coverage for certain methods of contraception. In doing so, the Court opened the floodgates for employers to claim an exemption based upon any “sincerely held” religious belief. Without inquiry into the sincerity of that belief, businesses and corporations are free to adopt or assert beliefs that could lead to increased discrimination against employees. This is especially troublesome for marginalized …

Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Emergency Takings, Brian Angelo Lee

Michigan Law Review

Takings law has long contained a puzzle. The Fifth Amendment to the U.S. Constitution requires the government to pay “just compensation” to owners of private property that the government “takes.” In ordinary circumstances, this requirement applies equally whether the property is confiscated or destroyed, and it also applies to property confiscated in emergencies. Remarkably, however, courts have repeatedly held that if the government destroys property to address an emergency, then a “necessity exception” relieves the government of any obligation to compensate the owner of the property that was sacrificed for the public good. Although the roots of this startling principle …

The Increasing Weight Of Regulation: Countries Combat The Global Obesity Epidemic, Emily Whelan Parento, Allyn L. Taylor, Laura A. Schmidt

McGeorge School of Law Scholarly Articles

Obesity is a global epidemic, exacting an enormous human and economic toll. In the absence of a comprehensive global governance strategy, states have increasingly employed a wide array of legal strategies targeting the drivers of obesity. This Article identifies recent global trends in obesity-related legislation and makes the normative case for an updated global governance strategy. National governments have responded to the epidemic both by strengthening traditional interventions and by developing novel legislative strategies. This response consists of nine important trends: (1) strengthened and tailored tax measures; (2) broadened use of counter-advertising and health campaigns; (3) expanded food labeling; (4) …

Recommendations On Abolishing Detention Education System For Sex Workers And Their Clients In Mainland China., Jia Ping Renzong, Liuwei Renzong, Qui Renzong

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract Forthcoming.

Medical Advice And Vaccinating: What Liability?, Amanda Naprawa, Dorit Reiss

University of Florida Journal of Law & Public Policy

No abstract provided.

Hiv Infrastructure Study Jackson, Mississippi, Susan S. Reif, Elena Wilson, Carolyn Mcallaster, Miriam Berger

Faculty Scholarship

No abstract provided.

Legal Myths Of Ebola Preparedness And Response, James G. Hodge Jr.

Notre Dame Journal of Law, Ethics & Public Policy

In March 2014, Ebola viral disease (“EVD”) emerged from several

West African countries as a substantial threat to global health.

Through a series of core legal powers pursuant to its declaration of a

public health emergency of international concern (“PHEIC”) on

August 8, 2014, the World Health Organization (“WHO”) averted a

global health disaster by requiring member countries to engage in mul- tiple public health interventions. These efficacious WHO-mandated

measures included implementation of border closures to limit the

spread of EVD within and outside of countries like Guinea, Liberia,

Senegal, and Sierra Leone. Industrialized nations, including the

United States, responded …

The Impact Of Law On The Right To Water And Adding Normative Change To The Global Agenda, Michael Ulrich

Faculty Scholarship

A resolution was passed at the United Nations Water Conference in 1977 to achieve universal access to sufficient water by 1990. This bar was lowered significantly as part of the Millennium Development Goals (MDGs). However, as the MDGs come to an end this year, even this reduced benchmark will not be reached. Water is inescapably intertwined with every other MDG, as well as the ability to exercise any human right. Consequently, the failure to achieve this goal implores an exploration of its causes. As the global community embarks on setting a new post-MDG agenda, one currently overlooked aspect is the …