Digital Commons Network^™

The Social Determinants Of ‘Health’ Of Embryos: Practices, Purposes, And Implications, Roxanne Mykitiuk, Jeff Nisker

Articles & Book Chapters

An increasing focus on the biomedical determinants of the health of embryos and fetuses is resulting from new technical possibilities, clinical considerations and research purposes (Nisker and White, 2005), but also from social factors, and for a variety of reasons. An exploration of the determinants of health of embryos, just as an exploration of the determinants of child or adult health, must take into consideration traditional social determinants, including those related to the consequences of poverty, such as poor nutrition and toxic environments (World Health Organization, 1948; Wilkinson and Marmot, 2003; Raphael, 2004), but also laws, policies and institutions, which …

E Pluribus Unum: Data And Operations Integration In The California Criminal Justice System, W. David Ball

Faculty Publications

This Article reflects some of the insights from the Stanford Criminal Justice Center's (SCJC's) year-long project on data and operations integration in California's criminal justice system. Part I lays out some of the benefits of an integrated system as a means of illustrating why law enforcement agencies across the state are actively pursuing data integration. Part II discusses three organizational and political obstacles to creating an integrated system: defining what we mean by  the criminal justice "system," drawing boundaries of relevant networks, and resolving tensions among state and local agencies with concurrent jurisdiction. Part III then discusses three ways in …

Donna Whitney V. Division Of Juvenile Justice, Utah Department Of Human Services, State Of Utah, Quest Youth Services, Kyle Lancaster, Dan Maldanado, Jason Kaufusi, Huy Nguyen, And Berry Howard : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

CERTIFICATION OF QUESTION OF STATE LAW TO THE UTAH SUPREME COURT BY THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Journal of Law and the Public Interest

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …

A History Of Abuse And Lack Of Protection: The Need To Update California's Quarantine Powers In Light Of The H1n1 Influenza Outbreak, Arsen Kourinian

Loyola of Los Angeles Law Review

No abstract provided.

What’S In The Water? Climate Change, Waterborne Pathogens, And The Safety Of The Rural Alaskan Water Supply, Deborah P. Furth

UC Law Environmental Journal

No abstract provided.

Insurance And Climate Change, Greg Munro

Faculty Journal Articles & Other Writings

This article examines insurance industry awareness of climate change and its implications, what risks it presents to insureds and insurers, what action insurers are taking to address it, and how the insurance industry could be a major force in getting the world to address climate change and mitigate its effects.

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Public Interest Law Review

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

"Substantially Limited:" The Reproductive Rights Of Women Living With Hiv/Aids, Lisa M. Keels

University of Baltimore Law Review

No abstract provided.

Putting The Community Back Into The ‘Community Benefit’ Standard, Jessica Wilen Berg

Faculty Publications

The responsibility of hospitals to provide charity care raises fundamental questions about the structure of the United States' health care system. There has been little concrete effort to reassess the obligations of hospitals. This Article seeks to fill that gap by proposing a novel framework for analyzing hospitals' community obligations. This new framework challenges traditional notions of individual charity care and provides a normative basis for encouraging a shift toward public health benefits.

The Importation Of Female Genital Mutilation To The West: The Cruelest Cut Of All, Patricia A. Broussard

Journal Publications

THE RECENT WIDESPREAD IMMIGRATION of African and Middle Eastern people and the importation of their traditions and practices into Western societies have given Westerners a firsthand view of cultural practices once shielded by distance, silence, and a bit of disinterest. Such is the case with Female Genital Mutilation ("FGM"). Prior to its importation, most Westerners had not heard the term female genital mutilation and certainly did not know what its impact has been on girls and women in the countries that practice it.

This Article will explore the phenomenon of the importation of the practice of female genital mutilation to …

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

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the Labor Commission of Utah Administrative Judge Richard M. La Jeunesse

The Future Of Taxation, Joseph Isenbergh

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

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

Faculty Scholarship

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 …

Fighting Antibiotic Resistance: Marrying New Financial Incentives To Meeting Public Health Goals, Aaron S. Kesselheim, Kevin Outterson

Faculty Scholarship

The world faces a worsening public health crisis: A growing number of bacteria are resistant to available antibiotics. Yet there are few new antibiotics in the development pipeline to take the place of these increasingly ineffective drugs. We review a number of proposals intended to bolster drug development, including such financial incentives for pharmaceutical manufacturers as extending the effective patent life for new antibiotics. However, such strategies directly conflict with the clear need to reduce unnecessary antibiotic prescriptions and could actually increase prescription use. As an alternative, we recommend a two-prong, "integrated" strategy. This would increase reimbursement for the appropriate, …

Asia's Participation In Global Health Diplomacy And Global Health Governance, David P. Fidler

Articles by Maurer Faculty

This article provides a framework for thinking about Asian approaches to and impact on global health diplomacy and governance that might contribute to more sophisticated analyses on Asia in global health politics, diplomacy, and governance. First, the article examines the "rise of Asia" and "rise of health" as overlapping but unconnected developments in international relations. Second, it analyzes how the shift of power and influence towards Asia, largely caused by China's and India's emergence as great powers; affects global health politics and potential Asian contributions to global health diplomacy and governance in the future. Third, the article looks at normative …

Negotiating Equitable Access To Influenza Vaccines: Global Health Diplomacy And The Controversies Surrounding Avian Influenza H5n1 And Pandemic Influenza H1n1, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Changing The Topography Of Sentencing, Kate E. Bloch

UC Law Journal of Race and Economic Justice

No abstract provided.

Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Expert Testimony In Child Sexual Abuse Litigation: Consensus And Confusion, John E.B. Myers

McGeorge School of Law Scholarly Articles

No abstract provided.

Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman

Nevada Law Journal

Today, breastfeeding, human breast milk, and its substitute, infant formula, are commodities. "Mothers' milk" is marketed both literally and figuratively, as a good for sale, a normative behavior, and a cure for much of what ails twenty-first century America. Like previous exploitations of women's bodies, including their eggs and uteruses, the idea that human milk is a valuable good that can be given away, traded in a market, or subjected to scientific experimentation raises fundamental moral and legal questions. This Article examines the marketing of breastfeeding, the emerging markets in human milk, and the growing market in infant formula through …

On (Cr)Edibility: Why Food In The United States May Never Be Safe, Denis Stearns

Faculty Articles

Most critiques of regulation are premised on the concepts of “free markets” and “market failures” as justifying, or not, the need for government interventions and control of the marketplace. Using the market for food as an example, this article questions not only the possibility of a buyer being a free actor when buying food, but also whether it is meaningful to speak in terms of a “free” market at all. One centerpiece of this questioning is the author’s coining of the term “(cr)edibility” to stand for the twinned ideas of credibility and edibility as defining the nature of all commercial …

Pregnancy, Work, And The Promise Of Equal Citizenship, Joanna L. Grossman

Faculty Journal Articles and Book Chapters

No abstract provided.

From The Bottle To The Grave: Realizing A Human Right To Breastfeeding Through Global Health Policy, Benjamin Mason Meier, Miriam Labbok

Case Western Reserve Law Review

No abstract provided.

Shared Understanding Or Consensus-Masked Disagreement? The Anti-Torture Framework In The Convention On The Rights Of Persons With Disabilities, Janet E. Lord

Articles

No abstract provided.

Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights?, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …

The Joint Action And Learning Initiative On National And Global Responsibilities For Health, Lawrence O. Gostin, Gorik Ooms, Mark Heywood, Just Haffeld, Sigrun Møgedal, John-Arne Røttingen, Eric A. Friedman, Harald Siem

Georgetown Law Faculty Publications and Other Works

A population’s health and wellbeing is primarily a national responsibility. Every state owes all of its inhabitants a comprehensive package of essential health goods and services under its obligations to respect, protect, and fulfill the human right to health. Yet health is also a global responsibility. Every state has a duty to ensure a safe and healthy world, with particular attention to the needs of the world’s poorest people. Improving health and reducing unconscionable health inequalities is both an international obligation under the human right to health and a matter of global social justice.

The mutual obligations of states to …

Redressing The Unconscionable Health Gap: A Global Plan For Justice, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Consider two children—one born in sub-Saharan Africa and the other in the United States. The African child is twenty-five times more likely to die in the first five years of life; if she lives to child-bearing age, she is a two hundred times more likely to die in labor; and overall, she will die thirty years earlier than the American child. The international community is deeply resistant to taking bold remedial action—more concerned with their geostrategic interests than the health of the poor. The scale of foreign aid is both insufficient and unsustainable and fails to address the key determinants …

The O’Neill Institute For National And Global Health Law: Discovering Innovative Solutions For The Most Pressing Health Problems Facing The Nation And The World, Lawrence O. Gostin, Oscar A. Cabrera, Susan C. Kim

Georgetown Law Faculty Publications and Other Works

The connection between health and an individual’s ability to function in society, as well as the importance of health to a society’s economic, political, and social wellbeing necessitates finding innovative solutions to the world’s most pressing health problems. The O’Neill Institute for National and Global Health Law at Georgetown University seeks to demonstrate the role that academia can play in addressing complex national and global health problems in a comprehensive, evidence-based, intellectually-rigorous, and nonpartisan manner. The O’Neill Institute currently has three research programs: global health law, national health law, and the center for disease prevention and outcomes. Projects within these …