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Articles 2461 - 2490 of 4392
Full-Text Articles in Entire DC Network
A Shot In The Arm: What A Modern Approach To Jacobson V. Massachusetts Means For Mandatory Vaccinations During A Public Health Emergency , Ben Horowitz
American University Law Review
No abstract provided.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
The Affordable Care Act’S Preventive Services Mandate: Breaking Down The Barriers To Nationwide Access To Preventive Services, John Aloysius Cogan, Jr.
Faculty Articles and Papers
No abstract provided.
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Values To Be Added To An "Eastphalia Order" By The Emerging China, Chang-Fa Lo
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Moving Upstream: The Merits Of A Public Health Law Approach To Human Trafficking, Jonathan Todres
Moving Upstream: The Merits Of A Public Health Law Approach To Human Trafficking, Jonathan Todres
North Carolina Law Review
No abstract provided.
B.R., C.R., William M. Jeffs V. Trina West, Afnp, Hugo Rodier, Md, Pioneer Comprehensive Medical Clinic : Brief Of Appellee, Utah Supreme Court
B.R., C.R., William M. Jeffs V. Trina West, Afnp, Hugo Rodier, Md, Pioneer Comprehensive Medical Clinic : Brief Of Appellee, Utah Supreme Court
Utah Supreme Court Briefs (2000–2020)
PLAINTIFF'S APPEAL FROM A JUDGMENT OF DISMISSAL, ENTERED BY THE THIRD JUDICIAL DISTRICT COURT, THE HONORABLE DENISE LINDBERG, PRESIDING
Criminalizing Statements Of Terrorist Intent: How To Understand The Law Governing Terrorist Threats, And Why It Should Be Used Instead Of Long-Term Preventive Detention, Alec Walen
Journal of Criminal Law and Criminology
No abstract provided.
Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu
Patent Protection Of Medical Records—Focusing On Ethical Issues, Yūsuke Satō, Jiameng Kathy Liu
Washington International Law Journal
The following is a translation of “Patent Protection of Medical Methods—Focusing on Ethical Issues,” an article written by Professor Yūsuke Satō in the June 2007 issue of the Japanese periodical Annual of Industrial Property Law. In Japan, despite the lack of an explicit statutory prohibition, methods of medical treatment have never been patentable. The Japan Patent Office (“JPO”) has rejected patenting medical processes on ethical grounds, interpreting that they do not fulfill the statutory requirement of “industrial applicability” in the main sentence of Article 29, Section 1 of the Patent Act, and courts have been confirming this practice. In light …
"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.
"The Crisis In The Implementation Of International Law", Richard Goldstone Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Longevity Policy: Facing Up To Longevity Issues Affecting Social Security, Pensions, And Older Workers, John A. Turner
Longevity Policy: Facing Up To Longevity Issues Affecting Social Security, Pensions, And Older Workers, John A. Turner
Upjohn Press
Turner argues that public policy should recognize longevity policy as a distinct policy area. Rather than separately treating issues raised by life expectancy (e.g., Social Security, pensions, older workers), a unified approach should be developed that recognizes their interrelationship.
Food-Borne Ultimatum: Proposing Federal Legislation To Create Humane Living Conditions For Animals Raised For Food In Order To Improve Human Health, The, Lynn M. Boris
Journal of Law and Health
In order to reduce the large number of human health risks associated with reckless farming practices, Congress must enact federal legislation that requires humane living conditions for farm animals and declares a moratorium on the routine use of unnecessary antibiotics. Part II of this Note will briefly review traditional farming and animal husbandry practices and examine the shift to the modern practices used by producers of animal products today. Part II will also present several farming practices utilized today that are particularly dangerous to human health. Part III of this Note will explore the immense human suffering that is occurring …
Three Structural Changes For A New System Of International Climate Change Mitigation Agreements Based On The Wto Model, Samara Spence
Three Structural Changes For A New System Of International Climate Change Mitigation Agreements Based On The Wto Model, Samara Spence
Vanderbilt Journal of Transnational Law
Past policy approaches to achieving international climate change mitigation have restricted the means for achieving mitigation to broad emissions caps. These policies have ignored the true nature of the climate change mitigation problem and have failed. This Note proposes a new design for a climate change mitigation system. It begins by analyzing the basic assumptions of the current cursory approach and by reviewing structural problems with those assumptions. It then reviews the successful World Trade Organization (WTO) model as a possible alternative structure and uses realities of the climate change problem to show why such an alternative could work in …
Rethinking Addiction: Drugs, Deterrence, And The Neuroscience Revolution, Linda C. Fentiman
Rethinking Addiction: Drugs, Deterrence, And The Neuroscience Revolution, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article connects the debate about addiction with the fundamental criminal law principle of deterrence. It seeks to bridge the gap between the competing medical and criminal justice approaches by exploring addiction in light of recent research about the brain, gender differences, and what works best from both a treatment and justice perspective. To sharpen the issues, the article deliberately focuses on the emotionally freighted subject of pregnant drug users. This approach will illuminate prevailing assumptions about how biological, genetic, cultural, and other environmental factors shape human behavior and challenge conventional understandings of deterrence in light of new research on …
In Re Miguel M., Jonathan Weinstein
Untangling The Twists Of Habeas Corpus, Larry Yackle
Untangling The Twists Of Habeas Corpus, Larry Yackle
Faculty Scholarship
Take it from me. The one job you don't want is sorting out federal habeas corpus. By all accounts, existing arrangements are an unrelieved disaster. Yet now come Nancy King and Joseph Hoffmann with a valiant effort to set things in order. Their book describes habeas corpus as the writ currently stands, offers explanations of why and how we have come to this pass, and, most important, advances a definite plan of action for habeas in criminal cases-a way to fix what so desperately needs fixing. This is a good book, a valuable book. It is informative, essentially accurate in …
Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael Ulrich
Researchers Without Borders?: Limiting Obligations Of Ancillary Care Through The Rescue Model, Michael Ulrich
Faculty Scholarship
With the expansion of clinical research in developing countries, there is a need to explain obligations that researchers have to their subjects beyond those required by the study protocol. This paper outlines a model founded on the duty to rescue that provides ethical clarification of the obligations of ancillary care.
Germ Shed Management In The United States, Kevin Outterson
Germ Shed Management In The United States, Kevin Outterson
Faculty Scholarship
The U.S. Medicare program reimburses only for discrete treatments of individuals with infections, but fails to pay for infection control or antibiotic stewardship more generally. By focusing solely on discrete hospitals and patients, Medicare ignores the larger epidemiological reality - that hospitals, nursing homes and other institutions operate within a germ shed. Under current Medicare rules, institutions that invest in infection control or antibiotic stewardship, may actually lose money and benefit rival firms in the market. In effect, current Medicare rules subsidize MRSA pollution. Worse yet, Medicare rules block potentially efficient Coasian contracts to promote private coordination within germ sheds.
The Freedom Of Health, Abigail Moncrieff
The Freedom Of Health, Abigail Moncrieff
Faculty Scholarship
What would have happened if the Patient Protection and Affordable Care Act (PPACA) really had authorized government “death panels” that would decide whether an elderly patient could get treatment? Leaving aside commerce clause and other constraints particular to Congress, would that kind of direct healthcare rationing be a constitutional exercise of governmental power in the United States? I think not. I argue here that an emergent substantive due process constraint would invalidate such an exercise; direct rationing of that kind would violate a constitutional “freedom of health” that is nascent in Supreme Court jurisprudence. Based on that logic, I argue …
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler
Articles by Maurer Faculty
This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …
Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler
Military Forces, Global Health, And The International Health Regulations (2005), David P. Fidler
Articles by Maurer Faculty
Security, economic, development, and humanitarian threats created by infectious diseases have heightened the importance of military forces to national and global public health responses. This article explores the increasing need for military involvement in public and global health surveillance and response to infectious disease threats, and focuses on how military forces can more effectively support implementation of the World Health Organization’s International Health Regulations (2005) (IHR (2005)). The article explains the major changes made in negotiations that produced the IHR (2005) and the importance of these changes to military-to-military activities and civilian-military cooperation. It identifies five areas in which military …
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson
University of Richmond Law Review
No abstract provided.
Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke
Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke
Cardozo Journal of Conflict Resolution
The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.
Post-Racial Proxies: Resurgent State And Local Anti-"Alien" Laws And Unity-Rebuilding Frames For Antidiscrimination Values, Mary D. Fan
Cardozo Law Review
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. 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 racialized …
Indonesia’S Refusal To Share Influenza Virus Specimens With The World: Reviving The Arguments For Justice In Influenza Pandemic Preparedness, Meena Krishnamurthy, Matthew Herder
Indonesia’S Refusal To Share Influenza Virus Specimens With The World: Reviving The Arguments For Justice In Influenza Pandemic Preparedness, Meena Krishnamurthy, Matthew Herder
Articles, Book Chapters, & Popular Press
Indonesia’s December 2006 decision to stop sending influenza virus specimens to the World Health Organization’s Global Influenza Surveillance Network (GISN) captured international attention. At the time, the H5N1 subtype of influenza A virus was predicted to be the basis for the next pandemic. While many accused Indonesia - the country most afflicted by the virus - of putting the rest of the world in peril by withholding virus samples, Indonesia maintained that GISN was unjust for failing to ensure equitable access to vaccines developed using those samples. The H5N1 pandemic threat eventually waned, yet international negotiations to create a just …
A Medical Malpractice Model For Developing Countries?, Nathan Cortez
A Medical Malpractice Model For Developing Countries?, Nathan Cortez
Faculty Journal Articles and Book Chapters
This Article, written for the symposium "Reforming Medical Liability: Global Perspectives," evaluates the unique plight of developing countries in crafting medical liability regimes. Many developing countries struggle to maintain workable systems for adjudicating physician negligence. This is due to a variety of factors, such as widespread poverty, more pressing public health priorities that demand attention, a scarcity of physicians, immature health care systems, large informal health sectors, regulatory deficits, and weak civil societies, among others. Patients in these countries are also less able than their counterparts in well-developed countries to evaluate and challenge the care they receive and thus serve …
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Medical Alert: Alarming Challenges Facing Medical Technology Innovation, Lawrence M. Sung
Journal of Business & Technology Law
No abstract provided.
Introduction: Changing Dimensions Of The Canada-China Relations, Pitman B. Potter, Thomas Adams
Introduction: Changing Dimensions Of The Canada-China Relations, Pitman B. Potter, Thomas Adams
All Faculty Publications
Bilateral relations with the People’s Republic of China involve matters of great strategic interest to Canada. Recent changes in the frequency of high level visits; the effect, style and content of bilateral communications; and perspectives held by various sectors in each country about the other all suggest that the Canada-China relationship has changed significantly in recent years. China remains vitally important to Canada for a variety of reasons and in a variety of sectors. Political and diplomatic cooperation on issues of direct bilateral concern and also on issues of global import remains critically important. Commercial and trade ties linking Canada …
Context, Choice, And Rights: Phs Community Services Society V. Canada (Attorney General), Margot Young
Context, Choice, And Rights: Phs Community Services Society V. Canada (Attorney General), Margot Young
All Faculty Publications
Constitutional law cases that revolve around the rights or circumstances of those groups most marginalized in Canadian society are not frequent cause for celebration. Typically, these cases push the boundaries of classical liberal understandings of the rights our Canadian Charter of Rights and Freedoms protects, asking the courts to recognize social and economic dimensions to liberties that are traditionally and popularly more narrowly construed. Such demands are more often than not sidestepped (or rejected outright) by courts, with the result that activist agendas focusing on leveraging Charter rights to achieve significant social change are less compelling than initially imagined. It …
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant
The Prosecution Of Non-Disclosure Of Hiv In Canada: Time To Rethink Cuerrier, Isabel Grant
All Faculty Publications
The author of this article argues that Canada’s current approach to the criminalization of HIV transmission is deeply flawed and cries out for clarification. The article first considers the risk of transmission of HIV under various conditions, as determined by recent scientific studies, and concludes that HIV is not easily transmissible through sexual activity. It next examines several crucial factors that contribute to the significance, or lack of significance, of sexual activity by HIV-positive individuals, concluding that the current law creates a “numbers game” for triers of fact. The article then proceeds to a comparative analysis of other Commonwealth countries, …
Biosafety Concerns Involving Genetically Modified Mosquitoes To Combat Malaria And Dengue In Developing Countries, Graciela R. Ostera, Lawrence O. Gostin
Biosafety Concerns Involving Genetically Modified Mosquitoes To Combat Malaria And Dengue In Developing Countries, Graciela R. Ostera, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Malaria and dengue are the most prevalent mosquito-borne infections worldwide. Because traditional vector control methods have proven to be insufficient to control mosquito populations in endemic areas, scientists are actively working in the design of new strategies, such as genetically modified (GM) mosquitoes, to reduce disease transmission. The replacement of natural populations with GM mosquitoes is becoming a tangible possibility, however, many fear that the release of these organisms into the environment could constitute a significant risk to biodiversity and may cause the unintended spread of GM organisms across national borders.
The Cartagena Protocol on Biosafety, an international agreement originally …
Problems In Climate Change And Human Rights, Dinah L. Shelton
Problems In Climate Change And Human Rights, Dinah L. Shelton
GW Law Faculty Publications & Other Works
This "case study" was intended to be included in Anton & Shelton, Environmental Problems and Human Rights (Cambridge, 2011), but space limitations forced its omission from the printed text. The link between adverse impacts of climate change and human rights was pushed to the fore recently by a 2005 petition by Sheila Watt-Cloutier on behalf of the Inuit people of the Artic regions to the Inter-American Commission on Human Rights. Human Rights challenges to harmful climate change activities and impacts have also been launched in a number of national courts. In Nigeria and Australia substantive and procedural rights have been …