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Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan Mar 2011

Dimensions Of Aging And Belonging For The Older Person And The Effects Of Ageism, Laurence C. Nolan

Brigham Young University Journal of Public Law

No abstract provided.


The Global H1n1 Pandemic, Quarantine Law, And The Due Process Conflict, Gregory P. Campbell Mar 2011

The Global H1n1 Pandemic, Quarantine Law, And The Due Process Conflict, Gregory P. Campbell

San Diego International Law Journal

This comment argues that the CDC should develop a uniform due process standard to govern all quarantine procedures in the United States and then recommend that the standard be adopted by the WHO for incorporation into the IHR. Specifically, the standard should include: (1) a finding by a health professional that an individual poses a significant risk of spreading a contagious disease; (2) a quarantine order by a judicial authority or fact finder based on clear and convincing evidence that an individual poses a serious health risk; (3) an opportunity for a hearing and the right to appeal a quarantine …


Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton Mar 2011

Guns, Crime Control, And A Systemic Approach To Federal Sentencing, David E. Patton

Cardozo Law Review

Recent scholarship about the role of sentencing reform in reducing high levels of incarceration has focused on evidence-based, offender-specific solutions, such as how to better assess offenders' risk of recidivism and their amenability to diversionary programs. This Article proposes a new, systemic approach. In particular, it suggests that in cases where the primary rationale for steep sentences is crime reduction, as opposed to retributive notions of harm and blameworthiness, judges ought to engage in an evidence-based examination of how the government is making "use" of the sentences it seeks in its law enforcement efforts. And where the government's efforts fall …


Public Non-Commercial Use' Compulsory Licensing For Pharmaceutical Drugs In Government Health Care Programs, Pier Deroo Feb 2011

Public Non-Commercial Use' Compulsory Licensing For Pharmaceutical Drugs In Government Health Care Programs, Pier Deroo

Michigan Journal of International Law

Suppose a relatively prosperous nation with universal public health coverage faces an HIV/AIDS crisis. It refuses to negotiate with the patent-holding manufacturers of the best antiretrovirals (ARVs) available, instead issuing compulsory licenses. Compulsory licenses permit the generic drug manufacturers designated in the compulsory licenses to make, use, import, and sell the patented ARVs without the permission of the patent owners, increasing competition and lowering prices. Realizing that drugs are much cheaper without patents, the nation decides to issue another round of compulsory licenses for an extensive list of patented drugs for its universal health care program. While improving public access …


From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima Jan 2011

From The Big Apple To Big Ben: An Insight Into Menu Labeling, Liza M. Escapa Lima

ILSA Journal of International & Comparative Law

Imagine looking around and recognizing that you are much heavier than your fellow peers.


Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike Jan 2011

Governance And Biosecurity: Strengthening Security And Oversight Of The Nation's Biological Agent Laboratories, Michael Greenberger, Talley Kovacs, Marita Mike

Faculty Scholarship

Since the advent of the Anthrax attacks in the fall of 2001, the United States has been confronted with a serious policy conundrum. On the one hand, we have strengthened programs that encourage the use of our best scientific resources to develop countermeasures to the weaponization of highly dangerous biopathogens. On the other hand, research on those countermeasures requires the use of the very biopathogens we seek to defeat. There have been many mishaps in the handling of those pathogens, which raises the frightening prospect that the research may be as (or more) dangerous than bioterrorist acts themselves. Indeed, the …


Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark Jan 2011

Using Law To Fight A Silent Epidemic: The Role Of Healthy Literacy In Health Care Access, Quality & Cost, Brietta Clark

Annals of Health Law and Life Sciences

The dominant rhetoric in the health care policy debate about cost has assumed an inherent tension between access and quality on the one hand, and cost effectiveness on the other; but an emerging discourse has challenged this narrative by presenting a more nuanced relationship between access, quality, and cost. This is reflected in the discourse surrounding health literacy, which is viewed as an important tool for achieving all three goals. Health literacy refers to one's ability to obtain, understand and use health information to make appropriate health decisions. Research shows that improving patients' health literacy can help overcome access barriers …


Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu Jan 2011

Curb Your Enthusiasm: A Note On Employment Discrimination Lawsuits In China, Jiefeng Lu

Richmond Journal of Global Law & Business

No abstract provided.


Culture, Dissent, And The State: The Example Of Commonwealth African Marriage Law, Johanna E. Bond Jan 2011

Culture, Dissent, And The State: The Example Of Commonwealth African Marriage Law, Johanna E. Bond

Scholarly Articles

This is an explosive time for those seeking to define the meaning and parameters of marriage. The subject has generated heated debate worldwide. In June 2010, the European Court of Human Rights declined to extend marriage rights to a gay Austrian couple, but the Court carefully laid the foundation for the recognition of such rights when a European consensus on the issue emerges. In July 2010, Argentina extended to same-sex couples the right to marry, joining nine other countries that legally recognize same-sex couples' right to marry. In August 2010, a United States district judge struck down a California ban …


Jurisprudential Juxtaposition: Application Of Graham V. Florida To Adult Sentences, John "Evan" Gibbs Jan 2011

Jurisprudential Juxtaposition: Application Of Graham V. Florida To Adult Sentences, John "Evan" Gibbs

Florida State University Law Review

No abstract provided.


Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs Jan 2011

Is State Power To Protect Health Compatible With Substantive Due Process Rights?, Allan J. Jacobs

Annals of Health Law and Life Sciences

Public health laws may mandate drastic limitations on individual liberty, such as forced medication and quarantine. This results in a tension between public health laws and guarantees of liberty such as the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution. The Supreme Court has resolved this tension in favor of one or the other of these legal principles, depending on the facts and issues involved. Nevertheless, Supreme Court jurisprudence is internally consistent. The Court has applied a level of scrutiny that, while rigorous, is more flexible than strict scrutiny. I denote this as "enhanced …


Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski Jan 2011

Balancing Policy Tensions Of The Vaccine Act In Light Of The Omnibus Autism Proceeding: Are Petitioners Getting A Fair Shot At Compensation?, Laura A. Binski

Hofstra Law Review

No abstract provided.


Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain Jan 2011

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ni Aolain

Michigan Journal of Gender & Law

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from the devastating consequences of humanitarian emergencies. There is also recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are overrepresented in the refugee and internally displaced communities that typically result from many humanitarian crises. Women bear acute care responsibilities in most societies and also disproportionately bear familial and communal care responsibilities in communities …


Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear Jan 2011

Beyond Rehabilitation: A New Theory Of Indeterminate Sentencing, Michael M. O'Hear

Faculty Publications

Indeterminate sentencing - that is, sentencing offenders to a range of potential imprisonment with the actual release date determined later, typically by a parole board - fell into disrepute among theorists and policymakers in the last three decades of the twentieth century. This sentencing practice had been closely associated with the rehabilitative paradigm in criminal law, which also fell from favor in the 1970’s. In the years that followed, most states eliminated or pared back the various devices that had been used to implement indeterminate sentencing, especially parole release. Yet, sentencing remained indeterminate most places to varying degrees, and now …


Licensee Patent Validity Challenges Following Medimmune: Implications For Patent Licensing, Alfred C. Server, Peter Singleton Jan 2011

Licensee Patent Validity Challenges Following Medimmune: Implications For Patent Licensing, Alfred C. Server, Peter Singleton

UC Law Science and Technology Journal

The recent Supreme Court decision in MedImmune v. Genentech, resolved a jurisdictional question while refusing to address questions regarding application of the common law doctrine of licensee estoppel. This doctrine prevents a licensee enjoying the benefits of a license agreement from challenging the validity of the underlying patent. Although the Supreme Court in Lear v. Adkins rejected application of the doctrine where the licensee had ceased making payments under the agreement, it left open the same question which the MedImmune Court mentioned, but refused to address. Namely: Whether the doctrine still applies to a non-repudiating licensee in good standing. In …


Access To Justice: The Use Of International Law Clinics To Advance The Case For Vulnerable Members Of Society, Yvonne Dausab Jan 2011

Access To Justice: The Use Of International Law Clinics To Advance The Case For Vulnerable Members Of Society, Yvonne Dausab

Maryland Journal of International Law

No abstract provided.


Achilles' Heel: How The Ats And Nafta Have Combined To Create Substantial Tort Liability For Us Corporations Operating In Mexico, Travis Robert-Ritter Jan 2011

Achilles' Heel: How The Ats And Nafta Have Combined To Create Substantial Tort Liability For Us Corporations Operating In Mexico, Travis Robert-Ritter

University of Miami Inter-American Law Review

No abstract provided.


Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach Jan 2011

Altered Standards Of Care: Needed Reform For When The Next Disaster Strikes, Rebecca Mansbach

Journal of Health Care Law and Policy

No abstract provided.


Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan Jan 2011

Biobanking Newborn Bloodspots For Genetic Research Without Consent, Sandra J. Carnahan

Journal of Health Care Law and Policy

No abstract provided.


Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller Jan 2011

Hiv/Aids And Human Rights In Botswana And Swaziland: A Matter Of Dignity And Health, Vincent Iacopino, Sheri D. Weiser, Madhavi Dandu, David Tuller

UC Law SF International Law Review

A health and human rights framework provides a comprehensive perspective for understanding complex interactions between HIV/AIDS, human rights, and the health of individuals and communities. By helping to identify a broad range of social factors that affect health, such a framework also facilitates the development of interventions and policies that maximize both health and human rights benefits. In this Article, we discuss the various linkages between health and human rights and review the literature on HIV/AIDS and human rights, with a focus on under-resourced settings. In particular, we examine how the framework is relevant to the specific epidemics in Botswana …


Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin Jan 2011

Women, Vulnerability, And Humanitarian Emergencies, Fionnuala Ní Aoláin

Articles

The catastrophic dimensions of humanitarian emergencies are increasingly understood and more visible to states and international institutions. There is greater appreciation for the social, economic and political effects that follow in the short to long term from such catastrophes whatsoever their causes. Rhetorically too, there is some recognition of the gendered dimensions of humanitarian emergencies in policy and institutional contexts. It is generally acknowledged that women are more visible in the refugee and internally displaced communities that typically result from many humanitarian crises. Women, because of their acute care responsibilities in most societies, also disproportionately bear the brunt of familial …


The Male Neonatal Circumcision Debate: Social Movements,Sexual Citizenship, And Human Rights, Lauren M. Sardi Jan 2011

The Male Neonatal Circumcision Debate: Social Movements,Sexual Citizenship, And Human Rights, Lauren M. Sardi

Societies Without Borders

Male circumcision is known to be one of the oldest and perhaps one of the most controversial body modification procedures in the history of humanity (Darby 2005; Gollaher 1994, 2000; Grimes 1980). Such scholars and activists, especially those who self-identify as being against the routinized procedure of male neonatal circumcision, discuss circumcision as a human rights violation. However, what is notable about the anti-circumcision movement more broadly is how they implement a Western notion of human rights in which there are contradictions between the rights of children versus the concept of cultural rights, which are both religious and secular in …


Women's Eggs: Exceptional Endings, Justine Durrell Jan 2011

Women's Eggs: Exceptional Endings, Justine Durrell

UC Law SF Journal on Gender and Justice

Fertility businesses and stem cell researchers promise infertile women the miracle of having a child. There are, however, potential physical and psychological risks to the egg donors that have not yet been properly studied. The limited studies undertaken to date have not been able to determine whether the use of fertility drugs increases egg donors' risks of cancer. In fact, federal regulations and guidelines do not require a national registry to track an egg donor's health after donation. Despite that assisted reproduction has been changing how we conceive children for several decades, there are no longitudinal studies on donors' well-being. …


Ambivalence & Activism: Employment Discrimination In China, Timothy Webster Jan 2011

Ambivalence & Activism: Employment Discrimination In China, Timothy Webster

Faculty Publications

Chinese courts do not vigorously enforce many human rights, but a recent string of employment discrimination lawsuits suggests that, given the appropriate conditions, advocacy strategies, signals from above, and rights at issue, courts can help victims vindicate their constitutional and statutory rights to equality. Since 28, carriers of the hepatitis B virus (HBV) have used the Employment Promotion Law to challenge hiring discrimination. Their high success rate suggests official support for making one potent form of discrimination illegal. Central to these lawsuits is a broad network of lawyers, activists and scholars who have advocated for protecting the rights of HBV …


A Dead Horse, You Can't Beat It: Equine Carcass Disposal Laws And Practices, Robert F. Dahlstrom, Kerry O'Neill Irwin, Emily J. Plant Jan 2011

A Dead Horse, You Can't Beat It: Equine Carcass Disposal Laws And Practices, Robert F. Dahlstrom, Kerry O'Neill Irwin, Emily J. Plant

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Airspace In A Green Economy, Troy A. Rule Jan 2011

Airspace In A Green Economy, Troy A. Rule

Faculty Publications

The recent surge of interest in renewable energy and sustainable land use has made the airspace above land more valuable than ever before. However, a growing number of policies aimed at promoting sustainability disregard landowners' airspace rights in ways that can cause airspace to be underutilized. This article analyzes several land use conflicts emerging in the context of renewable energy development by framing them as disputes over airspace. The article suggests that incorporating options or liability rules into laws regulating airspace is a useful way to promote wind and solar energy while still respecting landowners' existing airspace rights. If properly …


Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan Jan 2011

Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan

Articles

Though unauthorized migration into the United States has diminished substantially since 2007, anti-“illegal alien” state and local laws and furor are flaring again. While one of the biggest worries regarding such “anti-alien” laws is the risk of racialized harm, courts invalidating overreaching statutes are relying on structural or procedural grounds, such as preemption and due process doctrines. [PARA] This Article examines how these political and legal trends point to how proxies are used in a post-racial era to dance around race, in constructive, national unity-rebuilding as well as divisive, inflammatory ways. Anti-alien legislation is a proxy way to vent resurgent …


The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick Jan 2011

The Tipping Point: Prison Overcrowding Nationally, In West Virginia, And Recommendations For Reform, Karina Kendrick

West Virginia Law Review

No abstract provided.


Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland Jan 2011

Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman Jan 2011

Patent Office As Biosecurity Gatekeeper: Fostering Responsible Science And Building Public Trust In Diy Science, 10 J. Marshall Rev. Intell. Prop. L. 423 (2011), Brian J. Gorman

UIC Review of Intellectual Property Law

When the fields of intellectual property law and biotechnology intersect, most analysis is driven byeconomic and ethical issues. This article examines these factors, but in relation to the emerging security threat posed by biohackers, or do-it-yourself (“DIY”) scientists, who operate free from oversight and industry norms at the fringes of the biotechnology community. Public health risks are poised to grow as these citizen-scientists race for lucrative discoveries in the new frontier of syntheticbiology. This article proposes that the existing paradigm adjust accordingly to leverage regulatory compliance from the most ambitious biohackers looking to benefit from patent protection. The U.S. government …