Digital Commons Network^™

Protean Jus Ad Bellum, Sean D. Murphy

GW Law Faculty Publications & Other Works

The jus ad bellum is generally viewed as a static field of law. The standard account is that when the UN Charter was adopted in 1945, it enshrined a complete prohibition on the use of force in inter-state relations, except when action is being taken in self-defense against an armed attack or under authorization of the UN Security Council. Yet it seems likely that in the years to come, many states and non-state actors will increasingly insist upon a different vision of the jus ad bellum, one that conceives of it as more protean in nature.

Protean jus ad bellum …

The Regulation Of Ddt: A Choice Between Evils, Ashley K. Martin

Vanderbilt Journal of Transnational Law

DDT has the potential for great benefit and great harm. It is currently the most efficient method for controlling malaria, particularly for those countries the disease affects most. However, it also causes global pollution and damages the health of humans and wildlife. These characteristics of DDT make regulating DDT difficult because they create a need for the continued use of DDT to prevent the debilitating effects of malaria, but also a need to ban the use of DDT in order to prevent its negative environmental and health effects. These conflicting needs correlate to diverging interests of developing and developed countries. …

Empirical Health Law Scholarship: The State Of The Field, Michelle M. Mello, Kathryn Zeiler

Faculty Scholarship

The last three decades have seen the blossoming of the fields of health law and empirical legal studies and their intersection - empirical scholarship in health law and policy. Researchers in legal academia and other settings have conducted hundreds of studies using data to estimate the effects of health law on accident rates, health outcomes, health care utilization, and costs, as well as other outcome variables. Yet the emerging field of empirical health law faces significant challenges: practical, methodological, and political. The purpose of this Article is to survey the current state of the field by describing commonly used methods, …

Improving Laws And Legal Authorities For Public Health Emergency Legal Preparedness, David Fidler, Robert M. Pestronk, Brian Kamoie, Gene Matthews, Georges C. Benjamin, Ralph T. Bryan, Socrates H. Tuch, Richard Gottfried, Jonathan E. Fielding, Fran Schmitz, Stephen Redd

Articles by Maurer Faculty

No abstract provided.

Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler

Articles by Maurer Faculty

Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …

Expedited Partner Therapies For Sexually Transmitted Diseases: Legal And Policy Approaches, Lindsay Wiley, James G. Hodge Jr., Erin Fuse Brown, Dhrubajyoti Bhattacharya

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Radical Environmental Change In The Polar Regions, William Snape

Scholarly Articles in Law Reviews & Journals

One need only to look at a comparison of summer Arctic ice extent from 1979 to 2007 to understand something significant is happening. In the span of a generation, the millennia-old Arctic has shrunk by roughly two-thirds and could easily be ice free in the summer within a decade. Or if that is not enough, consider that in the winter of 2008, a massive chunk of ice broke off from the Antarctic Peninsula, and another ice sheet the size of Northern Ireland (or Connecticut, if you prefer) hangs on by a thread. Over the past fifty years, the Arctic and …

Civil War In The U.S. Foreign Relations Law: A Dress Rehearsal For Modern Transformations, The The Use And Misuse Of History In U.S. Foreign Relations Law, Thomas H. Lee

Faculty Scholarship

The first of the four U.S. foreign relations law insights of the Prize Cases that this Article will discuss is the notion that international law provides a basis for the President's exercise of military force in a manner neither specifically enumerated in the Constitution nor preauthorized by congressional enactments. The specific military action was the proclamation of a naval blockade that applied not only to active Confederate belligerents but also to loyal U.S. citizens residing in seceding or soon-to-secede states and to foreign neutral citizens. The second insight is the notion that federal constitutional law protections for U.S. citizens, such …

The Blood Of Going Green: Using Environmental Initiatives To Account For The Human Rights Violations Of The Green Movement, Noushin Ketabi

Fordham International Law Journal

Part I of this Note first illustrates the science of climate change and the push for biofuel development. Next, this Note uses human rights to define the problems associated with biofuel development in Brazil, Argentina and Paraguay, and introduces the environmental law framework that can address these human rights violation. Part II details the main human rights violations in Brazil, Argentina, and Paraguay occurring at the hands of the soy industry, and surveys the main existing certification proposals that attempt to mitigate social and environmental abuses. Finally, Part III proposes ways that developed countries can collectively mitigate the negative human …

Law And Policy Perspectives Of Seafarers' Claims, Lunecito U. Delos Santos

World Maritime University Dissertations

No abstract provided.

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Scholarly Works

Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …

Introduction To The 2007 Editors’ Symposium: Informational Privacy: Philosophical Foundations And Legal Implications, Larry Alexander

San Diego Law Review

The outstanding collection of articles and comments thereon that follows this Introduction constitutes the 2007 Editors' Symposium of the San Diego Law Review. This year's theme is: "Informational Privacy: Philosophical Foundations and Legal Implications."

The Singapore Academy Of Law Annual Lecture 2007: Australia’S Contribution To The Development Of The Common Law, Delivered By The Honourable Murray Gleeson Ac, Chief Justice Of Australia, Yihan Goh, Nathaniel Khng

Research Collection Yong Pung How School Of Law

No abstract provided.

Guns And Gay Sex: Some Notes On Firearms, The Second Amendment, And 'Reasonable Regulation', Glenn Harlan Reynolds

Scholarly Works

In light of the Supreme Court's grant of certiorari in Heller v. District of Columbia, this Essay contains some thoughts inspired by Adam Winkler's "Scrutinizing the Second Amendment," 105 Mich. L. Rev. 683 (2007). Winkler argues, correctly, that judicial acceptance of an individual-rights interpretation of the Second Amendment would not end all firearms regulation. However, Winkler's understanding of what constitutes "reasonable regulation" is excessively broad. In "Guns and Gay Sex," I look at two overlapping lines of Tennessee cases on the right to arms and the right to privacy and conclude that even a "reasonable regulation" model of the right …

The International Enclosure Movement, Peter K. Yu

Indiana Law Journal

No abstract provided.

The International Enclosure Movement, Peter K. Yu

Faculty Scholarship

Most of the recent intellectual property literature concerns the enclosure of the public domain or the one-way ratchet of intellectual property protection. While these concerns are significant and rightly placed, a different, and perhaps more important, enclosure movement is currently taking place at the international level. Instead of the public domain, this concurrent movement encloses the policy space of individual countries and requires them to adopt one-size-fits-all legal standards that ignore their local needs, national interests, technological capabilities, institutional capacities, and public health conditions. As a result of this enclosure, countries are forced to adopt inappropriate intellectual property systems, and …

Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King

William & Mary Environmental Law and Policy Review

No abstract provided.

Removing "The Cloak Of A Standing Inquiry": Pollution Regulation, Public Health, And Private Risk In The Injury-In-Fact Analysis, Robin Kundis Craig

Cardozo Law Review

No abstract provided.

Climate Change, Human Health, And The Post-Cautionary Principle, Lisa Heinzerling

O'Neill Institute Papers

In this Article, I suggest two different but related ways of reframing the public discourse on climate change. First, I propose that we move further in the direction of characterizing climate change as a public health threat and not only as an environmental threat. Second, I argue that we should stop thinking of responses to climate change in terms of the precautionary principle, which counsels action even in the absence of scientific consensus about a threat. We should speak instead in terms of a ?post-cautionary? principle for a post-cautionary world, in which some very bad effects of climate change are …

Inoculated Against Recovery: A Comparative Analysis Of Vaccine Injury Compensation In The United States And Great Britain, Rob Henson

Tulsa Journal of Comparative and International Law

No abstract provided.

Teaching Lawyers Ethics, Bruce A. Green

Saint Louis University Law Journal

No abstract provided.

The Nova Southeastern Lawyer, Summer 2007, Volume 12, Number 8, Nova Southeastern University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

New York Medicaid: Never Can Say Goodbye, Joseph Fastiggi

Cornell Journal of Law and Public Policy

No abstract provided.

Timing Rules And Legal Institutions, Eric A. Posner, Jacob Gersen

Coase-Sandor Institute for Law & Economics Research Paper Series

Constitutional and legislative restrictions on the timing of legislation and regulation are ubiquitous but these "timing rules" have received little attention in the legal literature. Yet the timing of a law can be just as important as its content. The timing of a law determines whether its benefits are created sooner or later, and how the costs and benefits are spread across time, and hence to the advantage and disadvantage of different private groups, citizens, and elected officials. We argue that timing rules are, and should be, used to reduce agency problems within the legislature and between the legislature and …

A Condom Versus The Philippine Aids Prevention And Control Act Of 1998: Which Has Holes Leaving Filipinos Unprotected?, David M. Iseminger

Washington International Law Journal

In 1998, the Philippine legislature passed pioneering HIV/AIDS legislation in Southeast Asia called the AIDS Prevention and Control Act (“APCA” or “Act”). This comprehensive legislation sought, in part, to ensure access to health care information and to stop the spread of diseases like HIV/AIDS. Regulations were promulgated by the Philippine National AIDS Council in 1999 to implement the Act. APCA effectively addresses several important HIV/AIDS issues, including prohibiting discrimination and mandatory HIV testing, while ensuring access to basic health care. However, both the regulations and the Act fail to ensure that all scientifically accurate information regarding HIV/AIDS prevention reaches Filipinos. …

The Big Idea: Prizes To Stimulate R&D For New Medicines, James Love, Tim Hubbard

Chicago-Kent Law Review

No abstract provided.

Rescue The Americans With Disabilities Act From Restrictive Interpretations: Alcoholism As An Illustration, Judith J. Johnson

Northern Illinois University Law Review

The article posits that judicial interpretations have virtually eliminated many impairments, such as alcoholism, from protection under the Americans with Disabilities Act, contrary to obvious Congressional intent. While this phenomenon is not limited to alcoholism, it is a useful illustration of the damage judicial activism has caused in this area. In enacting the ADA, Congress was particularly concerned about "stereotypic assumptions" that created myths and fears about disabled people. Alcoholics are often subjected to discrimination because of such assumptions and because they are not perceived as having a "real" illness. Moreover, Congress referred to alcoholism many times in the legislative …

Debra L. Delaet On Health And Human Rights: Basic International Documents, 2d Edition, Edited By Stephen P. Marks. Cambridge, Massachusetts: Published By Francois-Xavier Bagnoud Center For Health And Human Rights; Distributed By Harvard University Press, 2006. 392pp., Debra L. Delaet

Human Rights & Human Welfare

A review of:

Health and Human Rights: Basic International Documents, 2d Edition, edited by Stephen P. Marks. Cambridge, Massachusetts: Published by Francois-Xavier Bagnoud Center for Health and Human Rights; Distributed by Harvard University Press, 2006. 392pp.

The Fundamentals Of Health Savings Accounts And High-Deductible Health Plans, Beth Fuchs, Lisa Potetz

National Health Policy Forum

This background paper updates and expands on a previous NHPF document that looked at the fundamentals of health savings accounts (HSAs) and high-deductible health plans (HDHPs), their intellectual and legislative origins, and the ways they work. In addition to updating information on the HDHP/HSA marketplace, this paper presents a description of how the HDHP combined with the HSA works for enrollees. Using a question and-answer format, it then addresses some of the more complicated details of these arrangements, looking first at the HDHPs and then the HSAs. This closer examination suggests some potential policy challenges for lawmakers, the focus of …

Law & Health Care Newsletter, V. 14, No. 2, Spring 2007

Law & Health Care Newsletter

No abstract provided.