Digital Commons Network^™

Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, James G. Hodge, Erin C. Fuse Brown

Faculty Publications By Year

No abstract provided.

Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar

Articles by Maurer Faculty

The International Health Regulations (IHR), the principal legal instrument guiding the international management of public health emergencies, have recently undergone an extensive revision process. The revised regulations, referred to as the IHR (2005), were unanimously approved in May 2005 by all Member States of the World Health Assembly (WHA) and came into effect on 15 June 2007. The IHR (2005) reflect a modernization of the international community’s approach to public health and an acknowledgement of the importance of establishing an effective international strategy to manage emergencies that threaten global health security.

The success of the IHR as a new approach …

The Little Agency That Could (Act With Indifference To Constitutional And Statutory Strictures), Lars Noah

Cornell Law Review

No abstract provided.

Envisioning The Future Of Aboriginal Health Under The Health Transfer Process, Constance Macintosh

Articles, Book Chapters, & Popular Press

The Canadian government, and many Aboriginal communities, are committed to formally transferring varying aspects of governance responsibilities from federal hands to Aboriginal ones. These transfers take various forms, from creating Aboriginal political bodies with broad sets of governance powers, as was the case with the Nisga'a Treaty of 2000, to more partial transfers of specific powers or responsibilities, or types of responsibilities. One core transfer area is public health programming, for which there are specific and highly developed initiatives dating back to around 1989. Although it is expected that these initiatives will, overall, have very positive effects for improving the …

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

Law Faculty Publications

Obesity is linked to behaviors related to food consumption and physical activity. Although the factors affecting behaviors in these areas are complex, there is growing evidence that the physical characteristics of many of our communities, and particularly poorer communities, encourage obesity-generating behaviors including a sedentary lifestyle arid unhealthy eating habits. This paper explores the relationship between obesity causing behavior and the physical characteristics of communities and highlights some of the challenges and opportunities associated with changing those physical characteristics.

Science, Intersubjective Validity, And Judicial Legitimacy, Richard B. Katskee

Faculty Scholarship

No abstract provided.

Notes On The Multiple Facets Of Immigration Federalism, Rick Su

Journal Articles

This symposium essay takes as its starting point the contestable position that some degree of immigration federalism is both constitutionally permissible and politically desirable. It suggests, however, that liberating the issue of immigration from the shadows of federal exclusivity does not necessarily tell us much about what a conceptual framework or legal jurisprudence of immigration federalism should or will actually be like. This is not solely a function of the difficulties inherent in incorporating principles of federalism into what is usually understood to be an exclusive federal field of immigration. Rather, it is also a consequence of the rifts and …

Pesticides And Children: Unwitting Participants In Experimentation, Valerie Watnick

Cardozo Journal of Equal Rights & Social Justice

The article argues that the regulatory system in the United States has failed to adequately protect children from the dangers of toxic pesticides, particularly Malathion and Lindane, which are used in shampoos despite their well-documented health risks. The Food Quality Protection Act (FQPA) was intended to address these risks but has not been effectively enforced, leaving children, especially those in underserved populations, vulnerable to severe health consequences. The continued approval of these harmful products highlights a broader regulatory failure to prioritize human health over industrial interests.

Mandating The Hpv Vaccine In Illinois: How Far Should The State Go To Protect Girls?, Janelle Skaloud

Public Interest Law Reporter

No abstract provided.

Illinois' Criminal Justice System Goes To School, John Maki

Public Interest Law Reporter

No abstract provided.

Automobile Emissions And Climate Change Impacts: Employing Public Nuisance Doctrine As Part Of A "Global Warming Solution" In California, Randall S. Abate

Journal Publications

The battle against climate change and its impacts in the United States must be waged on many fronts and requires many weapons. Until the federal government provides a comprehensive and mandatory legislative response to the climate change problem, gap-filling efforts such as regional, state, and local legislative initiatives and climate change litigation will be essential to achieve some progress in the ongoing challenge to combat the causes and effects of climate change. This Article focuses on one of those gap-filling efforts: public nuisance suits against power companies and automobile manufacturers for the climate change impacts caused by emissions from those …

Them That Has, Gets, Daria Roithmayr

Publications

No abstract provided.

The Human And Economic Dimensions Of Altruism: The Case Of Organ Transplantation, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

This paper analyzes three issues critical to understanding the chronic shortage in organs. Section 2 develops a simple economic model of altruism that helps explain how markets with altruistic participants operate in ways similar to ordinary economic markets, but produce an equilibrium position in which more organs are transferred at lower cash prices. Section 3 examines and rejects the various arguments used to undermine the neoclassical arguments in the first section. Section 4 looks at ways to expand the supply of organs: directed donations within families and among friends, solicited organs via matchingdonors.com, donor-recipient pairs, and LifeSharers.

Emerging Biotechnologies Demand Defeat Of Proposed Legislation That Attempts To Ban Gene Patents, Gregory C. Ellis

Richmond Journal of Law & Technology

In October 2006, Andrew Fire and Craig Mello won the Nobel Prize in Physiology or Medicine for discovering a process known as RNA interference in the soil nematode Caenorhaditis elegans. More commonly known as RNAi, this process has great therapeutic significance for humans because of its ability to specifically and efficiently regulate gene expression. The capacity to easily regulate gene expression will tremendously impact our ability to combat a wide variety of disorders ranging from cancer to infectious diseases. While the mechanism of RNAi was first published within the last decade, three RNAi-based human therapies are already in clinical trails.

Do You Want To Bet Your Children's Health On Post-Market Harm Principles - An Argument For A Trespass Or Permission Model For Regulating Toxicants, Carl F. Cranor

Villanova Environmental Law Journal (1991 - )

No abstract provided.

The Common Law And The Environment, Steven J. Eagle

Case Western Reserve Law Review

No abstract provided.

Sepas, Climate Change, And Corporate Responsibility: The Contribution Of Local Government, Catherine J. Lacroix

Case Western Reserve Law Review

No abstract provided.

From Swamp Drainage To Wetlands Regulation To Ecological Nuisances To Environmental Ethics, John Copeland Nagle

Case Western Reserve Law Review

No abstract provided.

The "Public Health" Of The Conventional International Patent Régime And The Ethics Of "Ethicals:" Access To Patented Medicines, Amir H. Khoury

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Structural Dimensions Of Romantic Preferences, Russell K. Robinson

Fordham Law Review

No abstract provided.

American Indians, Climate Change, And Ethics For A Warming World, Sarah Krakoff

Publications

Developing a sense of ourselves that would properly balance history and nature and space and time is a more difficult task than we would suspect and involves a radical reevaluation of the way we look at the world around us. Do we continue to exploit the earth or do we preserve it and preserve life? Whether we are prepared to embark on a painful intellectual journey to discover the parameters of reconciling history and nature is the question of this generation.

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

Publications

This article explains that under international law nations are not permitted to use force to impose democracy on other nations and that such an approach is also impracticable and undesirable from a policy perspective.

The Future Of Enterprise Regulation: Corporate Social Accountability And Human Freedom, Lindsay J. Thompson

Journal of Business & Technology Law

No abstract provided.

Air Passenger Health And Consumer Protection, Usha Balasubramaniam

Journal of Air Law and Commerce

No abstract provided.

Regulating Pregnancy Behaviors: How The Constitutional Rights Of Minority Women Are Disproportionately Compromised, Joanne E. Brosh, Monica K. Miller

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Public Health Law For A Brave New World; Book Review: Lawrence O. Gostin, Public Health Law: Power, Duty, Restraint, Elizabeth Weeks Leonard

Scholarly Works

This is book review of Lawrence O. Gostin's new edition of Public Health Law: Power, Duty, Restraint (University of California Press, Berkeley, California, 2d ed., 2008). A review of a second edition of a book may be somewhat unusual as subsequent editions of already published works typically do not break new ground. But this book is different. Gostin's first edition, published in 2000, established and defined the modern field of public health law. The revised and expanded second edition emerges in the post-9/11, post-Katrina, post-Bush world. Gostin now seeks to apply public health paradigms to social problems beyond the field's …

Market-Based Licensing For Hpv Vaccines In Developing Countries, Kevin Outterson, Aaron S. Kesselheim

Faculty Scholarship

Human papillomavirus (HPV) vaccines hold great promise for preventing cervical cancer, but 93 percent of mortality worldwide occurs in low- and middle-income countries, where high vaccine costs can restrict dissemination. Current models for promoting international access to health care innovations include differential pricing, advance market commitments, and voluntary and compulsory licensing. Some of these mechanisms have been effective, but much room for improvement remains. We discuss the usefulness of a new type of license that uses market forces to lower prices through generic competition in low- and middle-income countries while ensuring that pharmaceutical companies are appropriately reimbursed for their research …

Socioeconomic Disparities In Health: A Symposium On The Relationships Between Poverty And Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The disparities in health between the rich and poor are so striking, and the results so dire, that reducing the gap is an ethical imperative.

A strong and consistent finding of epidemiological research is that socioeconomic status (SES) is correlated with morbidity, mortality, and functioning. SES is a complex combination of income, education, and occupation. Theorists posit that material disadvantage, diminished control over life's circumstances, and lack of social acceptance all contribute to poor health outcomes. The relationship between SES and health often is referred to as a "gradient" because of the graded and continuous nature of the association; health …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.