Digital Commons Network^™

Failure Of Physicians To Prescribe Pharmacotherapies For Addiction: Regulatory Restrictions And Physician Resistance, Ellen M. Weber

Journal of Health Care Law and Policy

No abstract provided.

Commentary On Achim Steiner's 2009 Grotius Lecture, Dinah Shelton

American University International Law Review

No abstract provided.

Reach Through Royalties As A Workaround For Patent Exhaustion, Patrick Hagan

UC Law Science and Technology Journal

Reach through royalties (RTRs) allow companies that license patented research tools to profit from inventions created by others using these tools. Support for RTRs is split; some disfavor them for their potential anti-commons effects, while others believe RTRs provide important services, such as research tool valuation. This piece argues that RTRs should be allowed, outlining their current use in the United States and the financial implications for both tool licensers and researchers.

Masculinity, Health, And Human Rights: A Sociocultural Framework, Shari L. Dworkin

UC Law SF International Law Review

This paper draws upon a sociocultural framework from masculinity studies and applies it to the case of men's health with the goal of providing the legal field with critical considerations that might shape a stronger future research agenda in the area of masculinity, rights, and health.

It is well recognized that gender inequality affects women, and that men enjoy numerous cultural and institutional privileges that negatively shape women's health outcome. These commonly understood drivers of women's poor health have led to crucial and much needed linkages between women's rights and health. However, men do not exclusively enjoy cultural and institutional …

Successful Financial Regulators Think Like Public Health Experts: Why Regulators Must Fight 'Control Fraud' Like Public Health Specialists, William K. Black

Faculty Works

“Control fraud” is the leading cause of bank failures and financial crises. In “control fraud” the persons controlling a seemingly legitimate entity use it as a weapon to defraud. This essay analyzes the role of regulators in two epidemics of control fraud: the savings & loan debacle of the 1980s and the ongoing financial crises that first became acute in the nonprime mortgage sector.

Effective regulation is essential to prevent and contain such epidemics. An epidemic is the natural outcome of a “pathogenic environment” which requires a reservoir of hosts for the pathogens to infect, and “vectors” to spread the …

Off-Label Drug Promotion Is Lost In Translation: A Prescription For A Public Health Approach To Regulating The Pharmaceutical Industry's Right To Market And Sell Its Products, Mariestela Buhay

Journal of Health Care Law and Policy

No abstract provided.

Timpanogos Hospital And Zurich American Insurance V. Tara Bishop And, Utah Labor Commission : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Immunity For Vaccine Manufacturers: The Vaccine Act And Preemption Of Design Defect Claims, Eva B. Stensvad

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Is The Failure To Respond Appropriately To A Natural Disaster A Crime Against Humanity - The Responsibility To Protect And Individual Criminal Responsibility In The Aftermath Of Cyclone Nargis, 38 Denv. J. Int'l L. & Pol'y 227 (2010), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

On May 2 and 3, 2008, Cyclone Nargis struck Myanmar, devastating large portions of the Irrawaddy Delta and creating the potential for a massive humanitarian crisis. Yet, the Myanmar government rejected aid from some countries, limited the amount of aid entering the country to a fraction of what was needed, and strictly controlled how that aid was distributed The United Nations and many governments criticized Myanmar's response to the Cyclone as inadequate and inhumane, and senior politicians from a number of countries discussed whether the situation justified invoking the "responsibility to protect" doctrine This article explores several questions, including: (1) …

Access To Assisted Conception: A Call For Legislative Reform In Light Of The Modern Family (Susan Doe V. Attorney General Of Canada), Lisa Feldstein

Canadian Journal of Family Law

This paper explores the impact of laws regarding assisted conception and the discriminatory effect these laws have in light of non-traditional family forms. Specifically, it considers the Processing and Distribution of Semen for Assisted Conception Regulations and how these regulations serve to exclude certain individuals who do not fit into the "traditional" nuclear family model. The author critiques the judgement of Susan Doe v. Attorney General of Canada and calls for legislative reform in order for the laws to accurately reflect realities of the family in the 21st century.

An Alternative Conception: The Legality Of Home Insemination Under Canada’S Assisted Reproduction Act, Fiona Kelly

Canadian Journal of Family Law

Despite access to fertility clinics, at-home self-insemination with the sperm of a known donor is a common practice amongst lesbian and single women. Home insemination is understood to provide several advantages over conception at a fertility clinic, particularly given the federal prohibition on sperm donation by donors who have had sex with other men. Despite the prevalence of the practice, there is some doubt in Canada as to whether home insemination is legal. While the Assisted Human Reproduction Act ("AHRA") does not explicitly address home insemination, it could be interpreted as outlawing the practice. This article addresses the …

Emerging And Transitioning Countries’ Role In Global Health, Jennifer Prah Ruger, Nora Y. Ng

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Reflections On Preparedness: Pandemic Planning In The Bush Administration, Stewart Simonson

Saint Louis University Journal of Health Law & Policy

No abstract provided.

A Hidden Epidemic: Assessing The Legal Environment Underlying Mental And Behavioral Health Conditions In Emergencies, James G. Hodge Jr., Lainie Rutkow, Aubrey Joy Corcoran

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Cross-Border Legal Preparedness: A Comparative Review Of Selected Public Health Emergency Legal Authorities In Canada And Mexico, Daniel D. Stier, María Guadalupe Uribe Esquivel

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Pandemics, Populism And The Role Of Law In The H1n1 Vaccine Campaign, Wendy E. Parmet

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Assessing The Impact Of Federal Law On Public Health Preparedness, Benjamin E. Berkman, Susan C. Kim, Lindsay F. Wiley

Saint Louis University Journal of Health Law & Policy

No abstract provided.

Assessing The Public Health Response During And After The Emergency: Lessons From The Hiv Epidemic, Zita Lazzarini

Saint Louis University Journal of Health Law & Policy

No abstract provided.

The Aviation Industry And The Transmission Of Communicable Disease: The Case Of H1n1 Swine Influenza,, Courtney Clegg

Journal of Air Law and Commerce

No abstract provided.

Involuntary Discharge: Is An Assisted Living Resident Really A Tenant By Another Name?, Candace C. Kilpinen

Valparaiso University Law Review

No abstract provided.

Panama And The Specter Of Climate Change, Ruth Gordon

University of Miami Inter-American Law Review

No abstract provided.

Game Over? Why Recent State Supreme Court Decisions Should End The Attempted Expansion Of Public Nuisance Law, Victor E. Schwartz, Phil Goldberg, Corey Schaecher

Oklahoma Law Review

No abstract provided.

Fire And Ice: World Renewable Energy And Carbon Control Mechanisms Confront Constitutional Barriers, Steven Ferrey, Chad Laurent, Cameron Ferrey

Duke Environmental Law & Policy Forum

No abstract provided.

Introduction: Eastphalia Emerging?: Asia, International Law, And Global Governance, David Fidler

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Pursuing Health As Foreign Policy: The Case Of China, Yanzhong Huang

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

Human Security With An Asian Face?, Sung Won Kim

Indiana Journal of Global Legal Studies

Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009

From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah

Faculty Publications By Year

Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access …

The United States Smallpox Bioterrorism Preparedness Plan: Rational Response Or Potemkin Planning, Edward P. Richards Iii

William Mitchell Law Review

No abstract provided.

The Legal Ecology Of Resistance: The Role Of Antibiotic Resistance In Pharmaceutical Innovation, Kevin Outterson

Cardozo Law Review

Antibiotic effectiveness is a common pool resource that can be prematurely depleted through resistance. Some experts warn that we may face a global ecological collapse in antibiotic effectiveness.

Conventional wisdom argues for more intellectual property rights to speed the creation of new antibiotics. Recent theoretical literature suggests that conservation-based approaches may yield superior results. This Article describes a novel typology for organizing these emerging theories and provides an early empirical test of these models using proprietary data on the sales of vancomycin, an important hospital antibiotic for the last three decades.

The results challenge the assumptions in several models and …

Obesity, Poverty, And The Built Environment: Challenges And Opportunity, Wendy Collins Perdue

Law Faculty Publications

Obesity and its associated chronic diseases have become a major health concern in the United States.... Approximately two thirds of adults in the United States are either overweight or obese, and the condition is linked to diabetes, high blood pressure and other chronic conditions requiring ongoing medical supervision. Obesity is a particular health concern for the poor. Not only are obesity rates generally higher among those with lower socioeconomic status, but the chronic conditions caused by obesity may present a particular challenge for the poor who often lack access to necessary ongoing medical supervision.