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Articles 2671 - 2700 of 4392
Full-Text Articles in Entire DC Network
Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik
Mayor V. Fairfield Improvement Company: The Public's Apprehension To Accept Nineteenth Century Medical Advancements, Ryan Wiggins, Daniella Einik
Legal History Publications
The following paper first outlines the story behind Mayor v. Fairfield and the procedural progression of the case through the court of equity and the Court of Appeals. Second, the paper discusses nineteenth century medical views on leprosy and infectious diseases and the reluctance of the public to accept these medical views. Finally, the paper analyzes how both medical opinion and public perception impacted public health laws and judicial opinions at the time.
Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard
Prizes For Innovation Of New Medicines And Vaccines, James Love, Tim Hubbard
Annals of Health Law and Life Sciences
This article argues that prizes can help stimulate medical innovation, control costs and ensure greater access to new medicines and vaccines. The authors explore four increasingly ambitious prize options to reward medical innovation, each addressing flaws in the current patent system. The first option promotes innovation through a large prize fund linked to the impact on health outcomes; the second option rewards the sharing of knowledge, data, and technology with open source dividends; the third option awards prizes for interim benchmarks and discrete technical problems; and the final option removes the exclusive right to use patented inventions in upstream research …
Regulating Pregnancy In Taiwan: An Analysis From An Asian Legal Feminist Using Feminist Legal Theories, Chih-Chieh Lin
Regulating Pregnancy In Taiwan: An Analysis From An Asian Legal Feminist Using Feminist Legal Theories, Chih-Chieh Lin
University of Baltimore Law Forum
No abstract provided.
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale Goble
Articles
No abstract provided.
Diseases Endemic In Developing Countries: How To Incentive Innovation, Ann Weilbaecher
Diseases Endemic In Developing Countries: How To Incentive Innovation, Ann Weilbaecher
Annals of Health Law and Life Sciences
This comment addresses the inadequacies of research and development for diseases endemic in developing countries and explores how the patent system can inhibit innovation for new drugs for neglected diseases. The author analyzes four strategies to encourage innovation, including open source initiatives, patent pools, prizes, and wild card patent extensions, and examines how these alternative systems may spur innovation while balancing cost concerns held by drug manufacturers and purchasers. The author concludes that a combination of solutions may provide the best framework for the creation of essential medicines for neglected diseases.
The Human Dimension Of Global Climate Change, Edward Cameron
The Human Dimension Of Global Climate Change, Edward Cameron
UC Law Environmental Journal
No abstract provided.
Happiness And Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Happiness And Punishment, Jonathan Masur, John Bronsteen, Christopher Buccafusco
Articles
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
A Global Architecture For Medical Counter-Measure Preparedness Against Bioviolence, Zachary D. Clopton, Barry Kellman
Articles
No abstract provided.
Playing Chicken With Bird Flu: "Viral Sovereignty," The Right To Exploit Natural Genetic Resources, And The Potential Human Rights Ramifications, Kenan Mullis
American University International Law Review
No abstract provided.
Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar
Establishing Public Health Security In A Postwar Iraq: Constitutional Obstacles And Lessons For Other Federalizing States, David P. Fidler, Kumanan Wilson, Christopher W. Mcdougall, Harvey Lazar
Articles by Maurer Faculty
The public health consequences of the conflict in Iraq will likely continue after the violence has subsided. Reestablishing public health security will require large investments in infrastructure and the creation of effective systems of governance. On the question of governance, the allocation of powers in the new constitution of Iraq is critical. Given the ease with which public health threats cross borders, the constitution needs to grant to the federal government the legal authority to manage such threats and simultaneously meet international requirements. Unfortunately, the draft constitution does not accomplish this objective. If politically possible, the constitution should be amended …
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Eastphalia Rising?: Asian Influence And The Fate Of Human Security, David P. Fidler, Sung Won Kim, Sumit Ganguly
Articles by Maurer Faculty
No abstract provided.
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
Articles by Maurer Faculty
In 2008, global health’s political revolution, which unfolded over the preceding 10-15 years, ended when four global crises damaged global health and altered the political, diplomatic, and governance contexts in which global health activities operate. The climate change, energy, food, and economic crises revealed limitations in global health’s ability to shape large-scale political, economic, and environmental problems that adversely affect health or harm underlying determinants of health. In addition, projected trends in world affairs potentially threaten health and the ability of countries to craft effective collective action responses to global problems damaging health directly and indirectly. In the post-revolution period, …
Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul
Of Sexual Bondage: The 'Legitimate Penological Interest' In Restricting Sexual Expression In Women's Prisons, Joanna E. Saul
Michigan Journal of Gender & Law
Despite its prevalence, sexual expression among inmates is currently prohibited in United States prisons. Recent scholarship, however, has advocated allowing certain types of sexual expression in women's prisons. The advocates of such a position differentiate between different types of sex within the correctional system: sexual expression that the system has no interest in prohibiting and should not bar, and sex acts that the system does have an interest in prohibiting and should continue to regulate. This position is based on the dual assumptions that, first, women in prison as a collective unit would benefit from some types of sexual expression, …
Weighing Medical Judgments: Explaining Evidentiary Preferences For Treating Physician Opinions In Erisa Cases After Black & Decker Disability Plan V. Nord, Roy F. Harmon Iii, A.G. Harmon
Weighing Medical Judgments: Explaining Evidentiary Preferences For Treating Physician Opinions In Erisa Cases After Black & Decker Disability Plan V. Nord, Roy F. Harmon Iii, A.G. Harmon
Scholarly Articles
No abstract provided.
Human Security And The Rights Of Refugees: Transcending Territorial And Disciplinary Borders, Alice Edwards
Human Security And The Rights Of Refugees: Transcending Territorial And Disciplinary Borders, Alice Edwards
Michigan Journal of International Law
This Essay examines the concept of human security through the lens of refugee protection. In particular, the author asks whether the concept of human security could add anything to the international protection regime for refugees and asylum seekers under international law. Before international lawyers can reject the notion of human security on the basis of its non-legal, and therefore nonbinding, character, it is necessary to examine the gaps in the existing legal framework, into which policy discourse, including security discourse, may step in as an important player.
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Faculty Publications
This article analyzes the paradox between: 1) intercollegiate sport's objectives of maximizing athletic performance and providing athletic participation opportunities to those possessing the requisite physical ability and skills to compete successfully; and 2) National Collegiate Athletic Association rules that limit athletic performance by all student-athletes, or university requirements that prohibit individual student-athletes from participating in intercollegiate sports, for health reasons. Some student-athletes seek to maximize athletic performance by taking performance-enhancing substances, even if doing so creates potential future adverse health effects. Others may want to participate in intercollegiate sports with a physical abnormality and are willing to assume an increased …
Allocating Vaccines And Antiviral Medications During An Influenza Pandemic, Carl H. Coleman
Allocating Vaccines And Antiviral Medications During An Influenza Pandemic, Carl H. Coleman
Seton Hall Law Review
No abstract provided.
The Neglect Of The Umbilical Cord: Ohio's Failure To Adequately Promote Banking Of Umbilical Cord Blood Stem Cells And The Need For New Legislation, Shannon Folger
Journal of Law and Health
Because current legislation, including OH H.B. 237, is insufficient in that it does not have the potential to significantly increase the number of cord blood donations, it will be necessary to enact legislation that is more demanding. Such legislation should be modeled after current "required request" organ donation laws, which mandate that health professionals actively pursue organ donations by expressly asking the family to consent to donation. Modeled after these laws, better legislation will not only require that state health departments generate information about donation opportunities, but also that health professionals then provide each maternity patient with materials about cord …
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington
Journal of Law and Health
This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …
Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb
Journal of Health Care Law and Policy
No abstract provided.
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …
The Problem Of Vaccination Noncompliance: Public Health Goals And The Limitations Of Tort Law, Daniel B. Rubin, Sophie Kasimow
The Problem Of Vaccination Noncompliance: Public Health Goals And The Limitations Of Tort Law, Daniel B. Rubin, Sophie Kasimow
Michigan Law Review First Impressions
Imposing tort liability on parents who fail to vaccinate their children would not serve the public health and public policy interests that drive childhood immunization efforts. The public policy goals of vaccination are to slow the spread of disease and to reduce mortality and morbidity. Our country’s public health laws already play a substantial role in furthering these goals. Although application of tort law may be an appropriate response to some of the problems that result from vaccination noncompliance, there also is a need to cultivate public understanding of the connection between individual actions and collective wellbeing. It is doubtful …
Gambling With The Health Of Others, Stephen P. Teret, Jon S. Vernick
Gambling With The Health Of Others, Stephen P. Teret, Jon S. Vernick
Michigan Law Review First Impressions
The health and wellbeing of the public is, in part, a function of the behavior of individuals. When one individual’s behavior places another at a foreseeable and easily preventable risk of illness or injury, tort liability can play a valuable role in discouraging that conduct. This is true in the context of childhood immunization.
Parents Should Not Be Legally Liable For Refusing To Vaccinate Their Children, Jay Gordon
Parents Should Not Be Legally Liable For Refusing To Vaccinate Their Children, Jay Gordon
Michigan Law Review First Impressions
Should a parent who takes advantage of a personal belief exemption to avoid vaccinating a child be held liable if that child infects other people? No, because there are valid medical reasons for choosing this exemption and tracing direct transmission of these illnesses from an unvaccinated child to another person is virtually impossible.
Choices Should Have Consequences: Failure To Vaccinate, Harm To Others, And Civil Liability, Douglas S. Diekema
Choices Should Have Consequences: Failure To Vaccinate, Harm To Others, And Civil Liability, Douglas S. Diekema
Michigan Law Review First Impressions
A parent’s decision not to vaccinate a child may place others at risk if the child becomes infected and exposes others to the disease. Should an individual harmed by an infection transmitted from a child whose parents chose to forgo vaccination have a negligence claim against those parents? While I do not hold a legal degree and therefore cannot speak directly to issues of law, as a physician and ethicist it seems to me that the basic elements that comprise negligence claims—harm, duty, breach of duty, and causation—are met in some cases where parents forgo vaccination.
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur
Faculty Scholarship
This Article continues our project of applying new findings in the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. When a state decides how to punish criminal offenders, at least one important consideration is the amount of harm any given punishment is likely to inflict. It would be undesirable, for example, to impose greater harm on those who commit less serious crimes or to impose harm that rises to the level of cruelty. Our penal system fits punishments to crimes primarily by adjusting the size of monetary fines and the length of prison …
Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv
Hatfill V. New York Times Co.: From Watchdog To Attack Dog—Transforming The Modern Media Into “Big Brother”, William C. Ferguson Iv
Maryland Law Review
No abstract provided.
Vindicating The Rights Of People Living With Aids Under The Alien Tort Claims Act, Margaret B. Kwoka
Vindicating The Rights Of People Living With Aids Under The Alien Tort Claims Act, Margaret B. Kwoka
Loyola University Chicago Law Journal
No abstract provided.
Lessons Learned From Ethiopia's Trademarking And Licensing Initiative: Is The European Union's Position On Geographical Indications Really Beneficial For Developing Nations?, Mary O'Kicki
Loyola University Chicago International Law Review
No abstract provided.
Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester
Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester
Human Rights & Human Welfare
In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.