Digital Commons Network^™

The Check Isn't In The Mail: The Inadequacy Of State Prompt Pay Statutes, Michael Flynn

Faculty Scholarship

No abstract provided.

The Negative Effect Of Pharmaceutical Patents On South African Industry, Chenxi Jiao

Cardozo Public Law, Policy & Ethics Journal

The note argues that the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) has disproportionately favored developed economies, stifling the growth of local pharmaceutical industries in developing countries like South Africa. While TRIPS aimed to balance societal benefits with short-term costs, its strict patent protections have hindered the development of generic drug manufacturing and technology transfer in these regions. The analysis highlights that strong intellectual property rights alone do not drive foreign investment or industrial growth, as market size, infrastructure, and economic stability play more critical roles. The note advocates for a reformed approach to intellectual …

Global Health And Global Hegemony, Randall Kuhn

Human Rights & Human Welfare

As the new director of a unique graduate program in Global Health Affairs, coming from the world of basic research, I have been faced with the need to reconcile a central paradox of American power and hegemony: I conduct my work as an American citizen and often with U.S. government funding in the hope that it will make a positive or at least neutral impact on my world. Yet my government (not only under the present administration) initiates imperial adventures that cause untold damage to the health, welfare, and survival of individuals throughout the world.

Mission Creep: Public Health Surveillance And Medical Privacy, Wendy K. Mariner

Faculty Scholarship

The National Security Agency's domestic surveillance program has parallels in the growth of disease surveillance for public health purposes. This article explores whether laws requiring health providers to report to government names and identifiable information about patients with infectious or chronic diseases may be vulnerable to challenge as an invasion of privacy. A shift in the use of disease surveillance data from investigating disease outbreaks to data mining and analysis for research, budgeting, and policy planning, as well as bioterrorism, tests the boundaries of liberty and privacy. The Supreme Court has not reviewed a disease reporting law. Its few related …

The Debtor-Patient Revisited, Melissa B. Jacoby

Saint Louis University Law Journal

No abstract provided.

Climate Justice: The Next Movement [Outline], Richard J. Lazarus

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Richard J. Lazarus, Professor of Law, Georgetown University Law Center

2 pages.

Soft Power, Strategic Security And International Philanthropy, Garry W. Jenkins

North Carolina Law Review

No abstract provided.

Ecosystem Of Distrust, Mark Verstraete, Derek E. Bambauer

First Amendment Law Review

No abstract provided.

Introduction To The Tenth Anniversary Issue Of The Journal Of Health Care Law & Policy , Karen H. Rothenberg, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Meeting Basic Survival Needs Of The World's Least Healthy People: Toward A Framework Convention On Global Health, Lawrence O. Gostin

Georgetown Law Faculty Lectures and Appearances

This article searches for solutions to the most perplexing problems in global health - problems so important that they affect the fate of millions of people, with economic, political, and security ramifications for the world's population. There are a variety of solutions scholars propose to improve global health and close the yawning health gap between rich and poor: global health is in the national interests of the major State powers; States owe an ethical duty to act; or international legal norms require effective action. However, arguments based on national interest, ethics, or international law have logical weaknesses. The coincidence of …

Hurricane Katrina: A Deadly Warning Mandating Improvement To The National Response To Disasters, Aileen M. Marty

Nova Law Review

No abstract provided.

Native Communities And Climate Change: Protecting Tribal Resources As Part Of National Climate Policy: Report, Jonathan M. Hanna, University Of Colorado Boulder. Natural Resources Law Center, Western Water Assessment (Program)

Books, Reports, and Studies

67 p.

Nova Law Review 31, 3

Nova Law Review

No abstract provided.

Rational Risk/Benefit Analysis Of Genetically Modified Crops, Stanley P. Kowalski

Law Faculty Scholarship

Safety concerns over the use of molecular biotechnology in the improvement of crops has generated substantial, heated and confusing debates, often driven by ideology and hysterics. Modification of crops is not new, and biotechnology (in its broadest sense) has been used for over a century to accelerate the development of new crops for food, feed and fibre, so as to meet the demands of a growing global community. The introduction of crops developed via molecular biotechnology [Genetically Modified Crops (GMCs)] represents the latest step in this inexorable innovative progression of technology. However, misinformed concern has led to a broad embrace …

The Implications Of The New "Old" Federalism In Climate-Change Legislation: How To Function In A Global Marketplace When States Take The Lead, Robert B. Mckinstry Jr., Thomas D. Peterson

Global Business & Development Law Journal

No abstract provided.

The Dinosaur In The Officer: A Consideration Of The Technical And Ethical Issues Surrounding The Adoption Of Digital Medical Data And The Extinction Of The Paper Record, Kristin E. Schleiter

Annals of Health Law and Life Sciences

No abstract provided.

What’S Good For The Goose…The Israeli Supreme Court, Foie Gras And The Future Of Farmed Animals In The United States, Mariann Sullivan, David J. Wolfson

Law and Contemporary Problems

Of particular interest in the issue of cruelty to farmed animals is the 2003 decision by the Supreme Court of Israel, sitting as the High Court of Justice, annulling, on animal cruelty grounds, regulations regarding the force-feeding of geese for the production of foie gras, and, ultimately, prohibiting the practice and thereby eradicating the industry.

A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh

UC Law SF International Law Review

Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …

Judging Deception, Saul Levmore

Articles

No abstract provided.

Ngo Update, Jerald Hess, Jaime M. Gher

Human Rights Brief

No abstract provided.

Epidemiology 101: An Overview Of Epidemiology And Its Relevance To U.S. Law, Richard A. Goodman

Journal of Health Care Law and Policy

No abstract provided.

Wto Winners And Losers: The Trade And Development Disconnect, Meredith Kolsky Lewis

Journal Articles

The World Trade Organization ('WTO' or the 'Organization') is premised upon increasing prosperity by opening markets to greater trade flows. Although the goals of the Organization include enhancing development and reducing poverty, thus far the WTO has had difficulty bridging the gap between its trade expansion focus – exemplified by members’ substantive commitments to provide greater access to their markets – and its desire to promote development – largely framed in aspirational, nonbinding terms. This article explains why current measures to assist developing countries ('DCs') are not a complete solution to the trade and development disconnect. It further proposes using …

Sharing H5n1 Viruses To Stop A Global Influenza Pandemic, David P. Fidler, Laurie Garrett

Articles by Maurer Faculty

No abstract provided.

Victims Of Climate Change And Their Standing To Sue: Why The Northern District Of California Got It Right, Joseph M. Stancati

Case Western Reserve Journal of International Law

No abstract provided.

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous

Human Rights Brief

No abstract provided.

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

Journal of Health Care Law and Policy

No abstract provided.

Public Health And Constitutional Law: Recognizing The Relationship, Wendy E. Parmet

Journal of Health Care Law and Policy

No abstract provided.

Beyond Compensation: Using Torts To Promote Public Health, Elizabeth A. Weeks

Journal of Health Care Law and Policy

No abstract provided.

"Public-Private" Health Law: Multiple Directions In Public Health, Nan D. Hunter

Journal of Health Care Law and Policy

No abstract provided.

Medicine And Public Health: Crossing Legal Boundaries, Wendy K. Mariner

Journal of Health Care Law and Policy

No abstract provided.