Digital Commons Network^™

Job Security And Income Replacement For Individuals In Quarantine: The Need For Legislation, Mark A. Rothstein, Meghan K. Talbott

Journal of Health Care Law and Policy

No abstract provided.

The Human Papillomavirus Vaccine: Should It Be Mandatory Or Voluntary?, Carrie A. Roll

Journal of Health Care Law and Policy

No abstract provided.

Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie

Fordham Law Review

This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective …

Regulating Human Tissue Banks, Laura A. Buck

St. Thomas Law Review

This paper will give a general overview of the tissue bank industry from its beginnings to the present day. It will address the regulations promulgated by the FDA, laws enacted by states, and the guidance provided by the American Association of Tissue Banks. Finally, it will discuss and suggest further regulations and standards that are needed as the industry grows.

Why "Managing" Biodiversity Will Fail: An Alternative Approach To Sustainable Exploitation For International Law, Kyle Ash

Animal Law Review

The role of humans in mass extinctions necessitates an assessment of the collective human psychology responsible for the degradation of Earth’s life support systems. In this paper, the Author will cite instruments and discourse relevant to international environmental law to illustrate how an antiquated conception of biological hierarchies is condoned whenever other species are mentioned. As reflected in the law, humans do not just believe we are existentially unconnected with the rest of life, but that we have more right to live on the planet. This, ironically, allows us to rationalize activities that destroy the planet, even for ourselves. Nature …

"If That Is Heaven, We Would Rather Go To Hell": Contextualizing Us-Cuba Relations, Rumbaut, Rubén G. Rumbaut

Societies Without Borders

The history of Cuba is one of conquest and rebellion. Since the arrival of Columbus, it has had two colonial masters: Spain and the United States. Spain, after the collapse of its empire, ceased to be a threat to the peoples of America. Now, the Spanish are among the principal investors in Cuba, and make up a high percentage of tourists to the island. The United States, engaged in empire-building as sole superpower and continuing to pursue a half-century-old policy of regime change in Cuba, is still seen by the Cubans as the greatest threat to their independence and sovereignty. …

Introduction, Karen H. Rothenberg, Diane E. Hoffmann

Journal of Health Care Law and Policy

No abstract provided.

Sex Torts, Deana A. Pollard

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Animal Experimentation: Lessons From Human Experimentation, Arthur Birmingham Lafrance

Animal Law Review

This article is adapted from the author's presentation during the panel discussion Animals in Research: Pet Cloning, Patents, and Bioethics at the 14th Annual Animal Law Conference of Lewis & Clark Law School on October 14, 2006.

Conventional wisdom tells us that animal experimentation is a relevant precursor to human experimentation. The failings of human experimentation to be more reliable, however, casts substantial doubt on the necessity and appropriateness of experimentation on animals. The federal government and medical community, since World War II, has used the Nuremberg Code and the “common rule” to determine how to ethically conduct human experimentation. …

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

Journal Articles

The Supreme Court has narrowed the doorway into the protected class for the Americans with Disabilities Act of 1990 (ADA) in virtually every employment case. Taking their cue from the Supreme Court, the lower courts have been concerned principally with who is "disabled" and thus protected by the ADA. The answer today is not many people. The courts generally have been so hostile to ADA plaintiffs that it is difficult now to find a case in which the plaintiff was able to prove that he was disabled. Congress contemplated that some impairments would always be disabling. The Supreme Court, however, …

Regulating Evolution For Sale: An Evolutionary Biology Model For Regulating The Unnatural Selection Of Genetically Modified Organisms, Mary Jane Angelo

UF Law Faculty Publications

In recent years, there has been an explosion in the genetic manipulation of living organisms to create commercial products. This genetic manipulation has, in effect, been a directed change in the evolutionary process for the purpose of profit. This deliberate alteration of the path of evolution has brought with it a panoply of novel environmental, human health, and economic risks that could not have been foreseen when U.S. environmental and health protection laws evolved. U.S. environmental law has not evolved to keep pace with these dramatic changes in the evolution of our biological systems. Thus, completely new approaches are needed …

Non-Governmental Organizations, Prevention, And Intervention In Internal Conflicts: Though The Lens Of Darfur, J. J. Welling

Indiana Journal of Global Legal Studies

This Note argues that cases like the humanitarian crisis and the conflict in Darfur, Sudan, present an intrastate collective action problem that has not been satisfactorily addressed by a traditional multilateral approach. Instead, the Darfur crisis demonstrates the need for an expanded view of modern international law in the face of intrastate conflict that includes systematic intervention procedures and preventive aid, as well as a multifaceted approach that recognizes and integrates NGOs and NGO alliances. This Note asserts that the Sudan crisis has posed a collective action problem requiring not only multilateral state collective action, but also multifaceted, coordinated action …

My Time On Rikers Island, Michael W. Tillman-Davis

Faculty Publications By Year

No abstract provided.

Biosecurity Under The Rule Of Law, David Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.

When Is It Permissable To Dismiss A Family Who Refuses Vaccinces? Legal, Ethical And Public Health Perspectives, Beth Halperin, Ryan Melnychuk, Jocelyn Downie, Noni Macdonald

Articles, Book Chapters, & Popular Press

Although immunization is one of the most important health inter- ventions of the 20th century, cases of infectious disease continue to occur. There are parents who refuse immunization for their children, creating a dilemma for the primary care physician who must consider the best interest of the individual child as well as that of the commu- nity. Some physicians, when faced with parents who refuse immuniza- tion on behalf of their children, choose to dismiss these families from their practice. Given the existing shortage of primary care physicians across Canada, this decision to dismiss families based on vaccine refusal has …

Globalization: Health Challenges For Multinational Corporations, Yann Meunier

Journal of International Business and Law

No abstract provided.

Hiv-Positive Inmates Released From Nevada’S Prisons In 2001: Results From Matching Health Division And Corrections’ Databases, Paul G. Devereux, Kristen Clements-Nolle, Sharon Clodfelter, Jessey Bargmann-Losche, Miguel Feroro, Wei Yang

Nevada Journal of Public Health

It is estimated that about one quarter of all HIV-infected individuals in the United States are released from a correctional facility each year. To better understand the needs of inmates with HIV exiting the prison system, a partnership with the Nevada State Health Division (NSHD), the Nevada Department of Corrections (DOC), and the University of Nevada, Reno School of Public Health was formed to examine this population using information contained in existing databases. An analysis of DOC data matched with the data from the HIV/AIDS Reporting System (HARS) maintained by the NSHD identified 2,802 HIV-negative inmates (2,451 males and 350 …

Climate Change And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

University of Colorado Law Review

This article considers climate change from the perspective of the Third World and more particularly from the vantage point of the poorest nations in the international system. It concludes that those nations that are the most geographically and economically vulnerable will also have the least impact on mechanisms to halt the progress of this impending disaster. Hence, climate change is examined as yet another chapter in Third World powerlessness. Despite the fact that low-income nations participate in international deliberations, they do so from an exceedingly weak position that puts them in the untenable position of being on the receiving end …

Pandemic Fears And Contemporary Quarantine: Protecting Liberty Through A Continuum Of Due Process Rights, Michelle A. Daubert

Buffalo Law Review

No abstract provided.

Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler

Case Western Reserve Journal of International Law

No abstract provided.

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.

Statutory And Regulatory Authority Delineating Ohio Animal Disease Control In Ohio, William A. Hopper Jr.

Case Western Reserve Journal of International Law

No abstract provided.

Genocide - The Power Of A Label, Michael J. Kelly

Case Western Reserve Journal of International Law

No abstract provided.

Should Scientific Research In The Lead-Up To Invention Vitiate Obviousness Under The Patented Medicines (Notice Of Compliance) Regulations: To Test Or Not To Test?, Ron A. Bouchard

Canadian Journal of Law and Technology

This article is an analysis of case law pertaining to whether scientific research in the lead-up to invention should vitiate a finding of obviousness in pharmaceutical litigation under the Patented Medicines (Notice of Compliance) Regulations (the ‘‘NOC Regulations’’). The NOC Regulations belong to a class of legal instruments referred to as ‘‘linkage regulations’’ that tie patent protection for marketed pharmaceuticals to the Canadian drug approval process. Therefore, the NOC Regulations control entry of generic drugs into the market and access by the public to affordable medication. The issue of testing arises out of the complex and inverse relationship between inventiveness …

Improper Bedside Manner: Why State Partner Notification Laws Are Ineffective In Controlling The Proliferation Of Hiv, Carrie Gene Pottker-Fishel

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Impact Of Human Gene Patents On Innovation And Access: Survey Of Human Gene Patent Litigation, Christopher M. Holman

Faculty Works

In 2005, an article in the highly influential journal Science reported that roughly 20% of human genes are patented. This figure has been widely cited and at times over-interpreted. For example, a popular science fiction author warns the public that their bodies are "owned" by someone else. A bill was introduced in Congress in 2007 that would essentially seek to ban the patenting of DNA. The bill appears motivated in part by a perception that one-fifth of our genes are owned by somebody else, that these owners can do whatever they want with these genes, and that there is "nothing …

The Doha Round’S Public Health Legacy: Strategies For The Production And Diffusion Of Patented Medicines Under The Amended Trips Provisions, Jerome H. Reichman, Frederick M. Abbott

Faculty Scholarship

This entry into force of the World Trade Organization (WTO) TRIPS Agreement in 1995 transformed the international intellectual property system. The harmonization of basic intellectual property standards has operated to protect investment in innovation, limiting risks from unjustified 'free riding.' Yet these same harmonized IP standards sharply curtailed the traditional capacity of suppliers of public goods, such as health care and nutrition, to address the priority needs of less affluent members of society, particularly in (but not limited to) developing countries. In the Doha Declaration, the Waiver Decision of 30 August 2003 and the Article 31bis Protocol of Amendment, stakeholders …

Medium-Specific Regulation Of Attorney Advertising: A Critique, Lyrissa Barnett Lidsky, Tera Jckowski Peterson

University of Florida Journal of Law & Public Policy

No abstract provided.

Hiv Testing Of Pregnant Women: Why Present Approaches Fail To Reach The Desired Objective & The Unconsidered Option, Michelle Yuen

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes

Fordham Law Review

In May 2005, representatives of President Robert Mugabe's government initiated a slum-clearance campaign entitled Operation Murambatsvina, which displaced nearly one million Zimbabweans. Using Operation Murambatsvina as a case study, this Note examines how the United Nations (U.N.) should respond to governments that violate the human rights of those living within their borders. Exploring arguments for and against the various responses available to the U.N., this Note argues that targeted sanctions are the most appropriate response to the abuses perpetrated by the Mugabe regime and offers suggestions for crafting a “smart” sanctions program.