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Global Health Law: Health In A Global Community, Lawrence O. Gostin

O'Neill Institute Papers

The examination of public health law traditionally focuses on constitutions, statutes, regulations, and common law at the national and sub-national level. However, the determinants of health (e.g., pathogens, air, food, water, even lifestyle choices) do not originate solely within national borders. Health threats inexorably spread to neighboring countries, regions, and even continents. Peoples’ lives are profoundly affected by commerce, politics, science, and technology from all over the world. Global integration and interdependence occur “as capital, traded goods, persons, concepts, images, ideas, and values diffuse across state boundaries.” It is for this reason that law and policy need to be transnational, …

Global Health Law: A Definition And Grand Challenges, Lawrence O. Gostin, Allyn L. Taylor

O'Neill Institute Papers

It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need …

Global Health Law Governance, Lawrence O. Gostin

O'Neill Institute Papers

The field of public health law traditionally focuses on law at the national and sub-national level. National legal systems, however, are inadequate to deal with major threats to humans. Despite the inadequacies of national governance, there are fundamental questions that need resolution in the field of global health law: Why should governments care about the health of people far away? Are profound health disparities just and, if not, is there a corresponding obligation to redress the injustice? Can international law effectively bind governments, foundations, and corporations to act for the global good? This article, based on a lecture at Emory …

A Theory And Definition Of Public Health Law, Lawrence O. Gostin

O'Neill Institute Papers

The literature, both academic and judicial, on the intersection of law and health is pervasive. The subject of law and health is widely taught, practiced, and analyzed. The fields that characterize these branches of study are called health law, health care law, law and medicine, forensic medicine, and public health law. Do these names imply different disciplines, each with a coherent theory, structure, and method that sets it apart? Notably absent from the extant literature is a theory of the discipline of public health law, an exploration of its doctrinal boundaries, and an assessment of its analytical methodology.

Public health …

Workers At Risk: The Unfulfilled Promise Of The Occupational Safety And Health Act, Lynn Rhinehart

West Virginia Law Review

No abstract provided.

Inferring A Right To Permanent Family Care From The United Nations Convention On The Rights Of The Child, The Hague Convention On Intercountry Adoption, And Selected Scientific Literature, Laura Matney Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur

All Faculty Scholarship

This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …

Strong As The Weakest Link: Medical Response To A Catastrophic Event, Eileen Salinsky

National Health Policy Forum

Natural disasters and acts of terrorism have placed a spotlight on the ability of health care providers to surge in response to catastrophic conditions. This paper reviews the status of efforts to develop the capacity and capabilities of the health care system to respond to disasters and other mass casualty events. Strategies for adapting routine medical practices and protocols to the demands posed by extraordinary circumstances and scarce resources are summarized. Existing federal roles, responsibilities, and assets relative to the contributions of state and local government and the private sector are described, including specific programmatic activities such as the Strategic …

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.

Problematic Application Of Florida Administrative Law To Police Power Public Health Actions, Richard P. Mcnelis

Louisiana Law Review

No abstract provided.

Happiness And Punishment, John Bronsteen, Christopher Buccafusco, Jonathan Masur

Public Law and Legal Theory Working Papers

No abstract provided.

Conditions On Entry Of Foreign-Flag Vessels Into Us Ports To Promote Maritime Security, William D. Baumgartner, John T. Oliver

International Law Studies

No abstract provided.

Climate Change Justice: The Challenge For Global Governance Workshop Paper, Michael P. Vandenbergh, Brooke Ackerly

Vanderbilt Law School Faculty Publications

Private equity offsets are a partial solution to the difficult justice issues raised on the global level by climate change. Equity offsets allow individuals to follow their moral intuitions about the global differences in carbon emissions and the impact of global warming on individual lives. An active equity offset market could precede a post-Kyoto international agreement for global emissions reduc- tions and could enhance the prospects for the adoption of such an agreement.

The "Middle Ground" Perspective On The Expropriation Of Indian Lands, Eric Kades

Faculty Publications

No abstract provided.

Unh Law Alumni Magazine, Summer 2008, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Post-Kyoto Stress Disorder: How The United States Can Influence International Climate Change Policy , Derald J. Hay

Journal of Environmental and Sustainability Law

No abstract provided.

Taxation Of Virtual Assets, Scott Wisniewski

Duke Law & Technology Review

The development of vast social networks through Massively Multiplayer Online Role-Playing Games has created in-game communities in which virtual assets have real-world values. The question has thus arisen whether such virtual assets are legal subjects of taxation. This iBrief will detail and discuss the various exclusions to taxable income, and analyze their application to the possibility of creating potential tax liability based on in-kind exchanges of virtual assets.

Vol. 6, No. 02 (May/June 2008)

Indiana Law Update

No abstract provided.

Santa Clara Magazine, Volume 49 Number 4, Spring 2008, Santa Clara University

Santa Clara Magazine

14 - LET THE SUN SHINE IN By Steven Boyd Saum. In the international Solar Decathlon competition, a team from Santa Clara blazed a dazzling trail from almost-ran to third in the world.

20 - VISIONS FROM THE SIXTIES By Lisa Taggart. It was art that broke all the rules. And now an exhibit at the de Saisset Museum, curated by Santa Clara scholar Andrea Pappas, captures the sense of optimism and energy when the only limits were imagination itself.

26 - JORMA'S JOURNEY By Mark Purdy. With Jefferson Airplane, he helped define the San Francisco sound. With Hot Tuna …

Can Might Make Right? The Use Of Force To Impose Democracy And The Arthurian Dilemma In The Modern Era, Scott Thompson

Law and Contemporary Problems

US President George W. Bush used force to bring the Taliban to its knees and create a fledgling democracy in Afghanistan, then invaded Iraq with the end goal of establishing a democracy there, as well. Meanwhile, presidential hopeful Barack Obama praised those who built democracy's arsenal to vanquish fascism, and who then built a series of alliances and a world order that would ultimately defeat communism, seeming to extol and vindicate the previous US efforts to impose democracy by force. These two leaders' struggles to nail down a definitive answer on whether force should ever be used to impose democracy …

Climate Change And South Carolina's Economy, Art Von Lehe

Southeastern Environmental Law Journal

No abstract provided.

Predicting Crime, M. Todd Henderson, Justin Wolfers, Eric Zitzewitz

Coase-Sandor Institute for Law & Economics Research Paper Series

Prediction markets have been proposed for a variety of public policy purposes, but no one has considered their application in perhaps the most obvious policy area: crime. This paper proposes and examines the use of prediction markets to forecast crime rates and the impact on crime from changes to crime policy, such as resource allocation, policing strategies, sentencing, postconviction treatment, and so on. We make several contributions to the prediction markets and crime forecasting literature. First, we argue that prediction markets are especially useful in crime rate forecasting and criminal policy analysis, because information relevant to decisionmakers is voluminous, dispersed, …

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article aims to provide a brief background of the Prison Rape Elimination Act (PREA) and the important political forces that shaped its passing, the current status on implementation of the Act, including progress made with each of the tools, and a prediction about issues that will arise in the enactment and implementation of the standards required by PREA.

The Role Of Power Generation Technology In Mitigating Global Climate Change, Frank Princiotta

Duke Environmental Law & Policy Forum

No abstract provided.

The Prison Rape Elimination Act: Implementation And Unresolved Issues, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

In September 2003, the United States Congress unanimously passed the Prison Rape Elimination Act (PREA). The Act was the culmination of a collaborative effort between human rights, faith-based, and prison rape advocacy. The aim of the Act is to create zero tolerance for prison rape by using a variety of tools or mechanisms including data collection; grants to the states; technical assistance to the states to improve their practices; research; the development of national standards; and the diminution of federal criminal justice assistance to states who fail to comply with the standards. This article aims to provide a brief background …

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Tulsa Journal of Comparative and International Law

No abstract provided.

Vol. 6, No. 01 (March/April 2008)

Indiana Law Update

No abstract provided.

Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal

William & Mary Law Review

No abstract provided.

The Duty Of States To Assist Other States In Need: Ethics, Human Rights, And International Law, Lawrence O. Gostin, Robert Archer

O'Neill Institute Papers

This article deals with a foreign policy question of extraordinary importance: What responsibilities do States have to provide economic and technical assistance to other states that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. While poor countries have by far the greatest ongoing health needs, they also have the least capacity to meet those needs. In addition to the pervasive and debilitating effects of …

The Interaction Of Customary Law And Microfinance: Women's Entry Into The World Economy, Shana Hofstetter

William & Mary Journal of Race, Gender, and Social Justice

This note examines the complicated relationship between microfinance and customary law. Microfinance, the practice of giving small, collateral-free loans to the poorest members of society, has gained great popularity in the last thirty years. These loan programs specifically target women and use women's traditional emphasis on groups to ensure success. Customary law can hinder microfinance ventures because of the restrictions these laws place on women's roles and responsibilities. Case studies on the Dominican Republic, Morocco, and Bangladesh explore how individual customary laws can hinder microfinance programs and women's micro-businesses. This note also discusses how microfinance programs act as catalysts of …