Digital Commons Network^™

On Conflict Of Human Rights, Xiaobing Xu, George Wilson

The University of New Hampshire Law Review

[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”

'Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.

After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks

North Carolina Law Review

No abstract provided.

After The Catastrophe: Disaster Relief For Hospitals, Elizabeth Weeks Leonard

Scholarly Works

Disaster planning for health care providers following the September 11, 2001, terrorist attacks and, more recently, Hurricane Katrina, focuses on preparing hospitals and other emergency services to respond to victims' medical needs. But little attention has been paid to the challenges that providers would face resuming normal operations after responding to the catastrophe. A large-scale catastrophe could create unprecedented demand for health care and emergency services. Hospitals already struggle to fulfill the high demand for and high costs of emergency care. Following a major disaster, hospitals would face additional financial challenges. Strained capacity and financial reserves, may force hospitals to …

Hepatitis C In Prisons: Evolving Toward Decency Through Adequate Medical Care And Public Health Reform, Andrew Brunsden

Articles & Chapters

Hepatitis C (HCV) in prisons is a public health crisis tied to current drug policy's emphasis on the mass incarceration of drug users. Prison policy acts as a barrier to HCV care by limiting medical care for the infected, especially drug users, and by inhibiting public health measures addressing the epidemic. This Comment argues that courts mistakenly limit prisoners' Eighth Amendment right to basic medical care when they defer to prisons that apply HCV policies as categorical rules of treatment. Where current standards of care mandate individualized patient evaluation for treatment, prison policies that eschew this principle exhibit deliberate indifference …

Don't Ask, Don't Tell: Hipaa's Effect On Informal Discovery In Products Liability And Personal Injury Cases, Daniel M. Roche

BYU Law Review

No abstract provided.

On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol

UF Law Faculty Publications

The foundational premise of this essay is that health and well-being are human rights issues. My focus on this theme, specifically within the human rights paradigm, is new, passionate, and personal. On December 15, 2005, just three months before the conference that prompted the writing of this essay, I lost my partner of over 20 years. She fought a valiant, strong, and dignified fight against cancer--a journey I traveled with her. During that time I learned much about health systems and health care. Most saliently, notwithstanding the reality of the extraordinarily good care she ultimately received, I realized there is …

Taking "Justice And Fairness" Seriously: Distributive Justice And The Takings Clause, Jeffrey M. Gaba

ExpressO

Since the 1960 case of Armstrong v. United States, the Supreme Court has repeatedly stated that “the” purpose of the Takings Clause is to prevent burdens falling on individual landowners that should in “justice and fairness” be born by society as a whole. The essay argues that this embodies a concept of distributional justice and further argues that the Court has failed to adequately consider the implications of such a conception as the basis of Takings analysis. The essay, after describing the origins of the Armstrong principle, discusses four implications: first, the rejection of a rights- based conception of the …

Global Warming Litigation Under The Alien Tort Claims Act: What Sosa V. Alvarez Machain And Its Progeny Mean For Indigenous Arctic Communities, Mini Kaur

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Regulation Of Biologic Medicine: Innovator's Rights And Access To Healthcare, Dawn Willow

Chicago-Kent Journal of Intellectual Property

No abstract provided.

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

ExpressO

In the past ten 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. Many products of genetic engineering have been modified to possess traits that increase their ability to reproduce and survive in the environment. By genetically …

Making Sanitary And Phytosanitary Agreement Work In Developing Countries Of Sub-Saharan Africa, Onesimus Kipchumba Murkomen

ExpressO

This paper traces the participation of sub-Saharan Countries in the development of the World Trade Organization’s (WTO) Sanitary and Phytosanitary Agreement (SPS) and examines the impact of the Agreement on trade in the region. It identifies the challenges faced by these countries in international norm setting and addresses the legal and structural challenges faced in the region. This paper further identifies the challenges faced by these countries which depend on agricultural products in dealing with the legal and regulatory regimes of developed countries which are complex and dynamic. It is meant to address the challenges faced by these countries in …

General Index

Louisiana Law Review

No abstract provided.

Environmental Law At Maryland, No. 23, Summer-Fall 2006

Environmental Law at Maryland

No abstract provided.

If The Constable Blunders, Does The County Pay?: Liability Under Title 42 U.S.C. § 1983, Andrew Fulkerson

University of Arkansas at Little Rock Law Review

No abstract provided.

The Electronic Health Record In Practice: Why, How, And What Next?, Lisa Sprague, Sally Coberly

National Health Policy Forum

This local site visit was intended to allow participants to observe the electronic health record (EHR) as used in practice by two U.S. leaders in technology and quality, the Veterans Health Administration (VHA) and Kaiser Permanente (KP). The VHA has employed an EHR system since 1997; KP is in the process of implementing a standard system for all clinicians nationwide. The site visit was designed to provide an opportunity for participants to explore both the expected benefits from EHR adoption and the specific lessons these two large, integrated delivery systems have learned in their transition from paper to electronic records. …

Genetically Modified Foods In The International Arena: Trade Conflicts, Labeling Controversy, And The Importance Of Informed Consumer Choice, Ilona M. Deminina

Brigham Young University International Law & Management Review

No abstract provided.

Free Speech And Public Health: A Population-Based Approach To The First Amendment, Wendy E. Parmet, Jason A. Smith

Loyola of Los Angeles Law Review

No abstract provided.

Developing Biobanking Policy With An Oliver Twist: Addressing The Needs Of Orphan And Neglected Diseases, Brian Su

Louisiana Law Review

No abstract provided.

Crossing The Immunological Barrier, Farrah Qazi

ExpressO

No abstract provided.

Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman

Law Faculty Scholarship

Achieving global access to vaccines, diagnostics, and pharmaceuticals remains a challenge. Throughout the developing world, intellectual property (IP) constraints complicate access to critically essential medical technologies and products. Vaccines for malaria and pandemic strains of influenza, as well as diagnostic and vaccine technologies for SARS, are not only relevant to global public health but are particularly critical to the needs of developing countries. A global access solution is urgently needed. This article offers a timely case‐by‐case analysis of preliminary patent landscape surveys and formulates options via patent pools and other forms of creative IP management to accelerate development and access. …

Methamphetamine Addiction, Treatment, And Outcomes: Implications For Child Welfare Workers, Cathleen Otero, Sharon Boles, Nancy Young, Kim Dennis

Center on Children, Families, and the Law (and Related Organizations): Publications

Methamphetamine is a highly addictive stimulant associated with serious health and psychiatric conditions, including heart damage and brain damage, impaired thinking and memory problems, aggression, violence, and psychotic behavior. Methamphetamine is also associated with the transmission of infectious diseases such as HIV/AIDS and hepatitis.

Child welfare workers are seeing growing numbers of children and families affected by the parent’s use of methamphetamine. In order to make sound decisions for the benefit of children and families, child welfare workers need accurate information about methamphetamine, its effects on parents and their children, and the effectiveness of treatment. This paper presents the most …

Plan Puebla Panama: An Economic Tool That Thwarts Sustainable Development And Facilitates Terrorism, Paulette L. Stenzel

William & Mary Environmental Law and Policy Review

No abstract provided.

Bioweapon Impacts On Public Health And The Environment, David Pimentel, Marcia Pimentel

William & Mary Environmental Law and Policy Review

No abstract provided.

Specific Investment: Explaining Anomalies In Corporate Law, Margaret M. Blair, Lynn A. Stout

Cornell Law Faculty Publications

This Article has two goals: to praise Professor Robert Clark as a remarkable corporate scholar, and to explore how his work has helped to advance our understanding of corporations and corporate law. Clark wrote his classic treatise at a time when corporate scholarship was dominated by a principal-agent paradigm that viewed shareholders as the principals or sole residual claimants in public corporations and treated directors as shareholders' agents. This view naturally led contemporary scholars to believe that the chief economic problem of interest in corporate law was the "agency cost" problem of getting corporate directors to do what shareholders wanted …

Hiv As An Occupational Disease: Expanding Traditional Workers' Compensation Coverage, Nikita Williams

Vanderbilt Law Review

Since the acquired immunodeficiency syndrome ("AIDS") was first identified in 1981, this disease has had far-reaching social and economic consequences across the country. One of the most profound effects of the AIDS epidemic can be seen in the public health care system. While infection control measures have long been in place to reduce transmission of the disease in the health care setting, in the years following the initial discovery of AIDS, health care workers ("HCWs") were particularly concerned about the possibility of contracting the lethal disease from their patients. Furthermore, although the risk of transmission of the human immunodeficiency virus …

Evaluating Alternatives For Drinking Water At Deployed Locations, Brian S. Hughes

Theses and Dissertations

Because of potential improvements to water security and cost savings, military decision makers may want to consider new means of providing potable water to Airmen in deployed locations. Drilling for water and field bottling show great potential because of the increased security and lower per unit cost when compared to bottled water from approved sources. However, the selection of the best means to supply water is a hard decision which must balance multiple objectives (e.g., security, palatability, and convenience) against limited resources (e.g., cost, airlift, trucks, and personnel). A multi-objective decision analysis model quantifies a decision-maker's values regarding the many …

Sex Torts, D A. Pollard

ExpressO

America has a serious sexual problem. The sexual practices of a small percentage of Americans has created an unprecedented disease rate that is costing the American public about $20 billion per year. Lawsuits seeking damages for sexual disease transmission are on the rise, yet current sex tort law is mired with anti-heartbalm sentiment, is unpredictable, and is failing as a tool of deterrence, compensation, and education. This Article discusses the gravity of the sexual disease crisis, part of which is the public’s incredible ignorance about the rate of sexual disease, and tort law’s failure to do its part to help …

Fluconomics--Preserving Our Hospital Infrastructure During And After A Pandemic, Vickie Williams

ExpressO

Influenza pandemics occur regularly. The deadly Spanish flu pandemic of 1918 infected more than 25% of the United States population, and killed 2.5% of those infected. Virtually all experts agree that it is not a question of if another influenza pandemic as deadly as the Spanish flu will occur, but a question of when. The Centers for Disease Control and Prevention estimates that the direct and indirect medical costs in the United States associated with a “medium-level” influenza pandemic would range from $71 billion to $167 billion.

Although public health officials are rapidly implementing pandemic preparedness plans on both the …

Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson

ExpressO

This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …