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Newsletter Spring 2014 Apr 2014

Newsletter Spring 2014

Newsletter

No abstract provided.


Biodefense And Constitutional Constraints, Laura K. Donohue Apr 2014

Biodefense And Constitutional Constraints, Laura K. Donohue

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Compensating The Victims Of Failure To Vaccinate: What Are The Options, Dorit Rubinstein Reiss Apr 2014

Compensating The Victims Of Failure To Vaccinate: What Are The Options, Dorit Rubinstein Reiss

Cornell Journal of Law and Public Policy

No abstract provided.


Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach Apr 2014

Protecting Human Health And Stewarding The Environment: An Essay Exploring Values In U.S. Environmental Protection Law, Tracy Bach

Michigan Journal of Environmental & Administrative Law

The purpose of this conference is to explore “the relationship between environmental protection and public health and how it should inform our efforts to become better stewards of the environment.” No one would disagree with the assertion that during the last forty years of federal environmental protection, air and water quality have improved and led to concomitant improvements in human health. Exploring the contours of this “relationship,” Environmental Protection Agency (EPA) Administrator Gina McCarthy said in her keynote speech that “[t]he thing is, the word ‘relationship’ is too neutral. The link between the health of our planet and the health …


Accessing Justice Amid Threats Of Contagion, Janet E. Mosher Apr 2014

Accessing Justice Amid Threats Of Contagion, Janet E. Mosher

Osgoode Hall Law Journal

Plans to prepare for a global pandemic have proliferated in recent years, and “legal preparedness” has emerged as a critical component of such plans. Commonly, the threat of disease is analogized to terrorism and recast as an issue of national security. In this framing, laws authorizing surveillance, containment, and forced treatment are understood as necessary. Law’s promise of protection against abuses in the exercise of such powers through procedural rights of review offers meagre comfort for critics concerned that individual liberties will readily yield to national security and public health in the context of an actual pandemic. An alternative framing …


Presumed Imminence: Judicial Risk Assessment In The Post-9/11 World, Avidan Y. Cover Apr 2014

Presumed Imminence: Judicial Risk Assessment In The Post-9/11 World, Avidan Y. Cover

Cardozo Law Review

Court opinions in the terrorism context are often distinguished by fact-finding that relates to risk assessment. These risk assessments - inherently policy decisions - are influenced by cultural cognition and by cognitive errors common to probability determinations, particularly those made regarding highly dangerous and emotional events. In a post-9/11 world, in which prevention and intelligence are prioritized over prosecution, courts are more likely to overstate the potential harm, neglect the probability, and presume the imminence of terrorist attacks. As a result, courts are apt to defer to the government and require less evidence in support of measures that curtail civil …


Governing The Wild: Databases, Algorithms, And Population Models As Biopolitics, Irus Braverman Mar 2014

Governing The Wild: Databases, Algorithms, And Population Models As Biopolitics, Irus Braverman

Journal Articles

This essay draws on interviews with conservation biologists to reflect on two interrelated aspects of the in situ – ex situ divide and its increasing integration: database systems and population management models. Specifically, I highlight those databases and software programs used by zoos in ex situ conservation settings, and the parallel, traditionally distinct, in situ databases and risk assessment models. I then explore the evolving technologies that integrate wild-captive databases and population models and, in particular, emerging metapopulation and meta-model approaches to small population management. My central argument is that, while still viewed by many as separate, the in situ …


Reorienting Bayh-Dole’S March-In: Looking To Purpose And Objectives In The Public’S Interest, Abigail Amato Rives Mar 2014

Reorienting Bayh-Dole’S March-In: Looking To Purpose And Objectives In The Public’S Interest, Abigail Amato Rives

Intellectual Property Brief

No abstract provided.


The Un Is Not Above The Law, Lauren Carasik Mar 2014

The Un Is Not Above The Law, Lauren Carasik

Media Presence

No abstract provided.


Incentives For Reporting Disease Outbreaks, Ramanan Laxminarayan, Julian Reif, Anup Malani Mar 2014

Incentives For Reporting Disease Outbreaks, Ramanan Laxminarayan, Julian Reif, Anup Malani

Articles

Background: Countries face conflicting incentives to report infectious disease outbreaks. Reports of outbreaks can prompt other countries to impose trade and travel restrictions, which has the potential to discourage reporting. However, reports can also b


Reconciling Energy And Food Security Law, Rhett B. Larson Mar 2014

Reconciling Energy And Food Security Law, Rhett B. Larson

University of Richmond Law Review

This article argues that making "water security" a more predominant policy aim can help reconcile and integrate energy security and food security. Water security is the condition of a nation and its citizens having reasonable physical and economic access to sufficient and sustainable water, combined with acceptable levels of water-related risks (e.g., drought, flood, and water-related plagues).


In With New Families, Out With Bad Law: Determining The Rights Of Known Sperm Donors Through Intent-Based Written Agreements, Maria E. Garcia Feb 2014

In With New Families, Out With Bad Law: Determining The Rights Of Known Sperm Donors Through Intent-Based Written Agreements, Maria E. Garcia

Duke Journal of Gender Law & Policy

No abstract provided.


Human Trafficking: An Issue Of Human And National Security, Roza Pati Feb 2014

Human Trafficking: An Issue Of Human And National Security, Roza Pati

University of Miami National Security & Armed Conflict Law Review

No abstract provided.


Cholera As A Grave Violation Of The Right To Water In Haiti, Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom Feb 2014

Cholera As A Grave Violation Of The Right To Water In Haiti, Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

Faculty White Papers

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further discusses the …


Safety And Access: Is The Uk Regulatory Model Right For America?, Jocelyn Sweet Jan 2014

Safety And Access: Is The Uk Regulatory Model Right For America?, Jocelyn Sweet

Health Law and Policy Brief

No abstract provided.


Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling Jan 2014

Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling

Children's Legal Rights Journal

No abstract provided.


Healthcare Workers' Religious Objections To Mandatory Influenza Vaccination: Examining Title Vii's Religious Accommodation Requirement, Amy Berenbaum Jan 2014

Healthcare Workers' Religious Objections To Mandatory Influenza Vaccination: Examining Title Vii's Religious Accommodation Requirement, Amy Berenbaum

Louis Jackson National Student Writing Competition

No abstract provided.


African American Women, Hiv/Aids, And Human Rights In The Us, Monica L. Melton Jan 2014

African American Women, Hiv/Aids, And Human Rights In The Us, Monica L. Melton

Societies Without Borders

In the US alone, 84 percent of women’s HIV infections are due to heterosexual contact (CDC 2013). Fifty percent of all people globally who are living with HIV/AIDS are women (UNAIDS 2009), yet, HIV-positive women’s perspectives on prevention are mostly missing from the trajectory of scholarly literature on HIV/AIDS. I thought it imperative to go to the source (women living with HIV/AIDS) to get an insiders perspective on HIV prevention. Thirty HIV-positive Black women were recruited to participate in the study, which lasted seven months. These women live in a Florida innercity and range in age from 21 to 60. …


Setting The Stage: Enhancing Understanding Of Bioethical Challenges With Theatre, Karen H. Rothenberg Jan 2014

Setting The Stage: Enhancing Understanding Of Bioethical Challenges With Theatre, Karen H. Rothenberg

Faculty Scholarship

Theatre provides a dynamic platform to reflect upon the ethical, legal, and social implications of medical innovations and the powerful impact on personal and professional relationships. This article explores the last four to five decades of theatre, which coincide with the evolution of the formal discipline of bioethics and the field of medical humanities, to aid in the understanding of the bioethical challenges we face today and to place them in an historical and societal context. Four plays are discussed that reflect the ethical and legal context of their eras and reveal significant ethical challenges for us to consider.


Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz Jan 2014

Probiotics: Achieving A Better Regulatory Fit, Diane E. Hoffmann, Claire M. Fraser, Francis Palumbo, Jacques Ravel, Virginia Rowthorn, Jack Schwartz

Faculty Scholarship

In 2007, the National Institutes of Health (NIH) launched the Human Microbiome Project (HMP), a $150 million initiative to characterize the microbial communities found at several different sites on the human body and to analyze the role of these microbes in human health and disease. Many lines of research have demonstrated the significant role of the microbiota in human physiology. The microbiota is involved, for example, in the healthy development of the immune system, prevention of infection from pathogenic or opportunistic microbes, and maintenance of intestinal barrier function. The HMP findings are helping us understand the role and variation of …


The Health Consequences Of Sex Trafficking And Their Implications For Identifying Victims In Healthcare Facilities, Laura J. Lederer, Christopher A. Wetzel Jan 2014

The Health Consequences Of Sex Trafficking And Their Implications For Identifying Victims In Healthcare Facilities, Laura J. Lederer, Christopher A. Wetzel

Annals of Health Law and Life Sciences

No abstract provided.


Squashing The Superbugs: A Proposed Multifaceted Approach To Combatting Antibiotic-Resistant Bacteria , Lauren Orrico Jan 2014

Squashing The Superbugs: A Proposed Multifaceted Approach To Combatting Antibiotic-Resistant Bacteria , Lauren Orrico

Journal of Law and Health

Section II of this Note will provide background on the practices of the United States farming system, which fosters the creation of antibiotic-resistant bacteria. This section will also provide background on the detrimental effects that antibiotic resistance has on human health and will briefly describe the legal history of food and drug regulations. After establishing an informational foundation, Part III will elaborate on current laws and describe the legal authority of key players, before pointing out the shortcomings in current animal feed policy and recommending the development of further regulation in this area. Additionally, Part III will propose new legislation …


The New Era Of Biologic Regulation And Patenting Under The America Invents Act, David I. Rucker Jan 2014

The New Era Of Biologic Regulation And Patenting Under The America Invents Act, David I. Rucker

Marquette Intellectual Property Law Review

None.


Chapter 231: Putting Swap Meet Animal Vendors In The Dog House: Regulating The Sale Of Animals At Swap Meets, Robert Binning Jan 2014

Chapter 231: Putting Swap Meet Animal Vendors In The Dog House: Regulating The Sale Of Animals At Swap Meets, Robert Binning

McGeorge Law Review

No abstract provided.


Interview With: Frank Perez, National Director Of Cure Violence, Maureen Mullen Jan 2014

Interview With: Frank Perez, National Director Of Cure Violence, Maureen Mullen

Children's Legal Rights Journal

No abstract provided.


Phasing Out Fossil Fuels, David M. Driesen Jan 2014

Phasing Out Fossil Fuels, David M. Driesen

Nova Law Review

No abstract provided.


Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan Jan 2014

Uncle Sam Knows What’S In Your Medicine Cabinet: The Security And Privacy Protection Of Health Records Under The Hitech Act, 30 J. Marshall J. Info. Tech. & Privacy L. 667 (2014), Ranjit Janardhanan

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Repurposing - Finding New Uses For Old (And Patented) Drugs: Bridging The "Valley Of Death," To Translate Academic Research Into New Medicines, Daniel S. Sem Jan 2014

Repurposing - Finding New Uses For Old (And Patented) Drugs: Bridging The "Valley Of Death," To Translate Academic Research Into New Medicines, Daniel S. Sem

Marquette Intellectual Property Law Review

None.


Ip Policy Forum: Repurposing & Collaborative Drug Development For Rare Diseases, Ramaiah Muthyala Jan 2014

Ip Policy Forum: Repurposing & Collaborative Drug Development For Rare Diseases, Ramaiah Muthyala

Marquette Intellectual Property Law Review

None.


Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad Jan 2014

Democratic Deliberation And The Ethical Review Of Human Subjects Research, Govind Persad

Sturm College of Law: Faculty Scholarship

In the United States, the Presidential Commission for the Study of Bioethical Issues has proposed deliberative democracy as an approach for dealing with ethical issues surrounding synthetic biology. Deliberative democracy might similarly help us as we update the regulation of human subjects research. This paper considers how the values that deliberative democratic engagement aims to realize can be realized in a human subjects research context. Deliberative democracy is characterized by an ongoing exchange of ideas between participants, and an effort to justify decisions that bind participants by appeal to reasons that the participants can understand and share. Even when unanimous …