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Articles 3001 - 3030 of 4392
Full-Text Articles in Entire DC Network
Responders’ Responsibility: Liability And Immunity In Public Health Emergencies, Sharona Hoffman
Responders’ Responsibility: Liability And Immunity In Public Health Emergencies, Sharona Hoffman
Faculty Publications
Many experts predict the advent of a public health emergency resulting from a flu pandemic or bioterrorism attack in the foreseeable future. At the same time, many health care providers express significant concern about liability arising from emergency response activities, because it is unlikely that they would be able to provide optimal care in crisis conditions. They also state that this concern will likely influence their willingness to be involved in response activities. This article addresses issues that have received little attention in the legal literature: liability and immunity in public health emergencies. The article provides a first-of-its-kind comprehensive analysis …
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
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 …
The Legalization Of Fat: Law, Science, And The Construction Of A Moral Panic, Paul Campos
The Legalization Of Fat: Law, Science, And The Construction Of A Moral Panic, Paul Campos
ExpressO
Over the past decade, American public health authorities have made increasingly alarming claims regarding how obesity is becoming the nation’s leading public health problem. These warnings have inspired a flurry of legislative, administrative, and judicial responses, and calls for further legal intervention are issuing constantly from obesity researchers and public health officials. This article surveys and critiques the sudden wave of attempts to use the American legal system to shrink the nation’s waistline The article demonstrates that the health risks associated with the populace’s fairly modest increasing average weight have been greatly exaggerated; that the causal links, if any, between …
Guarding Against The High Risk Of High-Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
Guarding Against The High Risk Of High-Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
ExpressO
High deductible health plans are a cornerstone of "consumer-driven health care." This article explores a number of myths promoted by proponents of such plans and challenges these myths to discuss the various ways such plans pose risks to consumers both individually and generally. While most articles on this topic explore the arguments for and against such plans, this article, unlike others, proposes specific regulatory protections with model language. In fact, this article already has been used as the basis for testimony before the California State Assembly which, for the first time, has introduced legislation aimed at regulating such plans and …
Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson
Gatekeeping After Gilbert: How Lawyers Should Address The Court's New Emphasis, Brian Benner, Ronald L. Carlson
Popular Media
In the world of modern trials, expert witnesses are the coin of the realm. Lawyers know that most of the time, experts are case-breakers. Their demeanor, knowledge, and presentation ability are key qualities. Accordingly, their persuasive effect on modern lay jurors makes it incumbent on judges to ensure that an expert's opinions are appropriately directed. That means not allowing an economist to testify about the medical dynamics of bone disease, for example.
Must We Trade Rights For Security? The Choice Between Smart, Harsh, Or Proportionate Security Strategies In Canada And Britain, Kent Roach
Cardozo Law Review
No abstract provided.
Refugee Security And The Organizational Logic Of Legal Mandates, Mariano-Florentino Cuellar
Refugee Security And The Organizational Logic Of Legal Mandates, Mariano-Florentino Cuellar
ExpressO
While the refugee protection system is one of international law’s most recognizable features, it routinely places massive numbers of refugees in camps in the developing world, where they face chronic threats to their physical security from crime and disorder, coercion, and military attacks. Yet key actors responsible for refugee protection, including host states, advanced industrialized countries, and the United Nations High Commissioner for Refugees (UNHCR), generally have failed to prioritize refugee security. This article asks: (1) Why? (2) What have been the consequences? (3) And what do these answers reveal about how organizations carry out legal mandates in complicated political …
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Aids Prevention And The Right To Health Under International Law: Burma As The Hard Case, Rhianna M. Fronapfel
Washington International Law Journal
Many commentators suggest that states have a human rights obligation to prevent the spread of HIV/AIDS within their borders. Specifically, state HIV/AIDS prevention obligations are often premised on the “right to health” contained within many international human rights documents. Other approaches encourage states to implement AIDS prevention measures by emphasizing the detrimental effects of AIDS on economies and national and international security instead. Many commentators who adhere to the health-and-human-rights model, however, reject such other approaches as overly concerned with the interests of developed countries and lacking the ethical focus that underlies health and human rights. Implicit in such arguments …
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
Is Economic Exclusion A Legitimate State Interest? Four Recent Cases Test The Boundaries, Timothy Sandefur
William & Mary Bill of Rights Journal
No abstract provided.
Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty
Form Over Substance: The Inadequacy Of Informed Consent And Ethical Review For Thai Injection Drug Users Enrolled In Hiv Vaccine Trials, Joan M. Doherty
Washington International Law Journal
Acquired Immune Deficiency Syndrome (“AIDS”) has emerged as a health issue of global significance, and clinical research on Human Immunodeficiency Virus (“HIV”) and AIDS has become increasingly international in scope. A clinical trial of a vaccine designed to prevent the spread of the HIV raises important legal and ethical questions because injection drug users who were believed to be unsuitable subjects for study in the United States were singled out for research in Thailand. The protections for human subjects must not be compromised when U.S. pharmaceutical companies conduct research abroad, particularly where clinical trials are conducted in vulnerable populations. U.S. …
Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano
Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano
ExpressO
No abstract provided.
The Vaccine Industry: Does It Need A Shot In The Arm?, Eileen Salinsky, Cole Werble
The Vaccine Industry: Does It Need A Shot In The Arm?, Eileen Salinsky, Cole Werble
National Health Policy Forum
This paper broadly examines the scientific, regulatory, and economic factors that contribute to constrained vaccine production capacity, periodic vaccine shortages, and perceptions of inadequate investment in new vaccine product development. It describes the vaccine development and production processes and summarizes how regulatory requirements influence these activities. Market dynamics related to vaccine supply and demand are also explored, including an examination of the industry’s cost structure, potential market size, and purchaser price sensitivity. A broad range of policy interventions designed to address shortcomings of the vaccine market are considered.
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli
ExpressO
No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …
Pharmabulletin Issue 3, Fall 2005, Mark Heller, Hollie Baker, Robert Barry, James Burling, Suyong Kim
Pharmabulletin Issue 3, Fall 2005, Mark Heller, Hollie Baker, Robert Barry, James Burling, Suyong Kim
Wilmer Cutler Pickering Hale and Dorr Antitrust Series
On August 15, 2005, the Food and Drug Administration (FDA) and the Association of American Medical Colleges released a joint report that examines possible steps to accelerate drug discovery and development. The report, entitled Drug Development Science: Obstacles and Opportunities for Collaboration Among Academia, Industry and Government, is the product of a two-day conference among leaders from the pharmaceutical industry, academia, and FDA. The goal of the conference and the report was to explore means of overcoming the high failure rate for tentative drug candidates.
On Hastening Death Without Violating Legal And Moral Prohibitions, Norman L. Cantor
On Hastening Death Without Violating Legal And Moral Prohibitions, Norman L. Cantor
Loyola University Chicago Law Journal
No abstract provided.
Critique Of Pure Risk Assessment Or, Kant Meets Tarasoff, Douglas Mossman Md
Critique Of Pure Risk Assessment Or, Kant Meets Tarasoff, Douglas Mossman Md
Faculty Articles and Other Publications
This Article takes a "critical" approach to the assumptions underlying current practices of violence risk assessment. The Article first explicates a fundamental difference between how mental health researchers now interpret the phrase "violence prediction" and how they understood that phrase in the 1970s. Applying a "critical" approach, the Article then shows that courts and mental health professionals may need to abandon the hope that more accurate methods of predicting violence will help clinicians make better decisions about potential violence. Although this result may seem disappointing, it can liberate mental health professionals from regarding patients as statistical sources of risk and …
Share And Share Alike: Increasing Access To Government-Funded Inventions Under The Bayh-Dole Act, Gary Pulsinelli
Share And Share Alike: Increasing Access To Government-Funded Inventions Under The Bayh-Dole Act, Gary Pulsinelli
Scholarly Works
The Bayh-Dole Act attempts to utilize the incentives of the patent system to persuade companies to develop inventions arising from government-funded research, allowing recipients of government funding to patent their inventions and then sell or license those patents as they see fit. The Act has, in many respects, succeeded in its goal of getting the results of government-funded research into the hands of industry, but sometimes at the cost of limiting or taxing future research. Thus, commentators have proposed changes to the Act that will help avoid these costs without destroying the benefits. One such proposal would require the National …
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo
Imagine A World Without Hunger: The Hurdles Of Global Justice, Muna Ndulo
Cornell International Law Journal
No abstract provided.
Chapter 304: Broadening The Scope Of Alternative And Complementary Medicine To Include Treatment Of Persistent Lyme Disease, Justin J. Simpson
Chapter 304: Broadening The Scope Of Alternative And Complementary Medicine To Include Treatment Of Persistent Lyme Disease, Justin J. Simpson
McGeorge Law Review
No abstract provided.
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
Medical Civil Rights: The Exclusion Of Physicians Of Color From Managed Care: Business Or Bias, Rene Bowser
UC Law Journal of Race and Economic Justice
Historically, physicians of color experienced significant barriers in their continued assimilation into the health care profession. Although managed care organizations do not appear to purposefully discriminate against physicians of color, the selection criteria utilized by these networks coupled with underlying biases have resulted in a disproportionate exclusion of minority physicians. By analyzing the norms and practices of managed care organizations, the author highlights possible causes of this disparity. Additionally, after addressing the inadequacy of using current civil rights laws to redress discrimination in the medical market, the author offers several innovative local, state, and federal remedies as potential alternative avenues …
Trafficking Into Prostitution In India And The Indian Judiciary, Kumar Regmi
Trafficking Into Prostitution In India And The Indian Judiciary, Kumar Regmi
Intercultural Human Rights Law Review
India, one of the largest democracies in the world, has constitutionally prohibited traffic in human beings and has enshrined the right to be free from exploitation as a fundamental right of every person. India also was one of the earliest parties to the Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others of 1949, and it claims to have implemented this treaty within its domestic legal system through the Suppression of Immoral Traffic in Women and Girls Act (hereinafter "SITA") of 1956, subsequently amended and renamed the Immoral Traffic (Prevention) Act (hereinafter …
Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno
Toxic Torts, Autism, And Bad Science: Why The Courts May Be Our Best Defense Against Scientific Relativism, Joelle A. Moreno
Faculty Publications
No abstract provided.
Ngo Update, Jerald Hess
Legislative Watch, Ryan Vogel
Human Experimentation In Developing Countries: Improving International Practices By Identifying Vulnerable Populations And Allocating Fair Benefits, Kristen Farrell
Human Experimentation In Developing Countries: Improving International Practices By Identifying Vulnerable Populations And Allocating Fair Benefits, Kristen Farrell
Journal of Health Care Law and Policy
No abstract provided.
Guarding Against The High Risk Of High Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
Guarding Against The High Risk Of High Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden
Loyola Consumer Law Review
No abstract provided.
Health And Foreign Policy, David P. Fidler, Nick Drager
Health And Foreign Policy, David P. Fidler, Nick Drager
Articles by Maurer Faculty
No abstract provided.
Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler
Calibrating The Wealth And Health Of Nations: Trade, Health, And Foreign Policy After The Wto's First Decade, David P. Fidler
Articles by Maurer Faculty
One of the most important themes to emerge from the relationship between trade and health in the first ten year's of the WTO's existence is the challenge of achieving policy coherence. This task is a foreign policy challenge for WTO Members, which requires looking at the relationship between trade and health against the backdrop of the making and implementing of foreign policy. Policy coherence has generally become a major concern for foreign policymakers because post-Cold War trends, such as accelerating globalization, seriously challenge traditional foreign policy assumptions, practices, and institutions. Part of this new context for foreign policy involves the …
The Importance Of Innovation In The World Context, David Crane
The Importance Of Innovation In The World Context, David Crane
Canada-United States Law Journal
No abstract provided.
Book Reviews, Mihir Mankad, Brooke Kirkland, Mark Vorkink, Erin Scheick
Book Reviews, Mihir Mankad, Brooke Kirkland, Mark Vorkink, Erin Scheick
Human Rights Brief
No abstract provided.