Digital Commons Network^™

Understanding And Applying International Infectious Disease Law: U.N. Regulations During An H5n1 Avian Flu Epidemic, Timothy J. Miano

Chicago-Kent Journal of International and Comparative Law

No abstract provided.

Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier

Cornell International Law Journal

No abstract provided.

Coming Out Of Denial: An Analysis Of Aids Law And Policy In China (1987-2006), John Balzano, Jia Ping

Loyola University Chicago International Law Review

No abstract provided.

When And Why Does What Belong To Whom - A Proposed Model For The International Protection Of Human Donors Of Biological Material, Melanie Baird

Canada-United States Law Journal

No abstract provided.

Human Rights In Cuba, Susan Kemp

Human Rights & Human Welfare

In 1959, Fidel Castro established a Cuban socialist state closely aligned with the Soviet Union. The Soviet Union's collapse brought an end to Soviet economic support which, combined with the U.S. embargo, created an economic crisis in the early 1990s. The Cuban government's instability and desire to maintain control overrides the individual rights of its citizens. These events are the background for the lack of fundamental human rights in Cuba today.

Guantanamo And U.S. Law, Joseph C. Sweeney

Fordham International Law Journal

This Article deals with the United States' presence at Guantanamo Bay, Cuba, the domestic and international law issues that have arisen, and the nature of the jurisdiction exercised there by the United States. It does not deal with the operation of the prison facility. Guantanamo Bay is near the eastern end of Cuba, 628 miles (1000 km) from the capital, Havana. It is a deep-water harbor, protected by hills from the extremes of Caribbean weather; but it has an unhealthy tropical climate. The forty-five square miles of the Guantanamo Naval Base have been occupied by the United States since the …

Globalism, Regionalism, Or Both: Health Policy And Regional Economic Integration In Developing Countries, An Evolution Of A Legal Regime, William Onzivu

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

United We Stand: The Interstate Compact As A Tool For Effecting Climate Change, Claire Carothers

Georgia Law Review

After United States withdrawal from the Kyoto Protocol, state and local governments began seeking regional solutions to address the mounting problem of climate change. The Regional Greenhouse Gas Initiative (RGGI), the most recent and ambitious of these cooperative efforts, is a voluntary interstate agreement dedicated to the establishment of carbon dioxide limits through a market based mechanisms. The proposed agreement, however, will likely encounter challenges under the Compacts Clause of the Constitution. While mere agreements between states do not require congressional consent, this Note argues that a plan or compact regulating emission controls in the absence of federal approval will …

Avian Flu: The Consumer Costs Of Preparing For Global Pandemic, Joseph Nicosia Iii

Loyola Consumer Law Review

No abstract provided.

Rules Were Not Meant To Be Broken: Alleviating The Tension Between Privacy And Discovery In Medical Record Disputes, Anna C. Schumaker

Valparaiso University Law Review

No abstract provided.

Suppression Of Innovation Or Collaborative Efficiencies?: An Antitrust Analysis Of A Research & Development Collaboration That Led To The Shelving Of A Promising Drug, 5 J. Marshall Rev. Intell. Prop. L. 348 (2006), Saami Zain

UIC Review of Intellectual Property Law

This article discusses antitrust issues present in research and development collaborations between competitors. In particular, it illustrates that, although often very beneficial, these collaborations may have the potential for considerable harm via suppression of innovation. The article examines a recent case involving a collaboration to develop drugs, which arguably resulted in the suppression of a promising drug.

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Georgia Law Review

The aftermath of Hurricane Katrina brought to the nation's attention the dangers of disease from unmanaged hazardous medical waste. Congress recognized this concern long ago when it passed the Medical Waste Tracking Act (MWTA), but since this program expired in the early 1990s, little of consequence has been done to regulate medical waste on the federal level. It is now time for a uniform federal system of medical waste regulation-one which (1) specifies minimum standards for handling, disposal, and treatment; (2) calls for nationwide tracking; (3) creates a regulatory framework for individual sources of medical waste; and (4) imposes civil …

The New International Health Regulations: An Historic Development For International Law And Public Health, David P. Fidler, Lawrence O. Gostin

Articles by Maurer Faculty

No abstract provided.

The Unbearable Lightness Of Regulatory Costs, Frank Ackerman

Fordham Urban Law Journal

The Article counters the presumption that increased environmental regulation necessarily decreases economic prosperity. It analyzes the European chemical regulatory structure and deduces that any costs imposed on the consumer are minimal, and more cost effective than watered-down American regulations covering the same subject matter with approximately the same cost imposed on the consumer-taxpayer. It argues the Office of Management and Budget and regulated industries have consistently overestimated the costs of environmental regulation and promoted the theory that environmental regulation causes factories and jobs to move offshore. It concludes that deregulation may not spur growth.

Fear Of Democracy: A Cultural Evaluation Of Sunstein On Risk, Donald Braman, Dan M. Kahan, Paul Slovic, John Gastil

GW Law Faculty Publications & Other Works

What dynamics shape public risk perceptions? What significance should such perceptions have in the formation of risk regulation? In Laws of Fear: Beyond the Precautionary Principle (2005), Cass Sunstein catalogs a variety of cognitive and social mechanisms that he argues inflate public estimations of various societal risks. To counter the impact of irrational public fears, he advocates delegation of authority to politically insulated experts using economic cost-benefit analysis. Missing from Sunstein's impressive account, however, is any attention to the impact of cultural cognition, the tendency of individuals to form risk perceptions that reflect and reinforce their cultural worldviews. Relying on …

A Law-Policy Proposal To Know Where Babies Come From During The Reproductive Revolution, Michael J. Malinowski

Journal Articles

No abstract provided.

Male Rape In U.S. Prisons: Are Conjugal Visits The Answer?, Rachel Wyatt

Case Western Reserve Journal of International Law

No abstract provided.

2005-2006 Legislative Review, Sunrise Cox

Animal Law Review

No abstract provided.

Cock-A-Doodle-Doo: Pandemic Avian Influenza And The Legal Preparation And Consequences Of An H5n1 Influenza Outbreak, N. Pieter M. O'Leary

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Sharp Increases In Heating Prices And Limited Government Assistance Spark Concerns About Potential Home Heating Crisis, Claire Mariano

Public Interest Law Reporter

No abstract provided.

International Human Rights And Comparative Mental Disability Law: The Role Of Institutional Psychiatry In The Suppression Of Political Dissent, Michael L. Perlin

Articles & Chapters

For many years, institutional psychiatry was a major tool in the suppression of political dissent. Moreover, it appears painfully clear that, while the worst excesses of the past have mostly disappeared, the problem is not limited to the pages of history. What is more, the revelations of the worst of these abuses (and the concomitant rectification of many of them) may, paradoxically, have created the false illusion that all the major problems attendant to questions of institutional treatment and conditions in these nations have been solved. This is decidedly not so.

Remarkably, the issue of the human rights of persons …

Social Contagion Of Violence, Jeffrey Fagan, Deanna L. Wilkinson, Garth Davies

Faculty Scholarship

Since 1968, violence and other crimes in New York City have followed a pattern of recurring epidemics. There have been three consecutive and contiguous cycles characterized by sharp increases in homicides and assaults to an elevated rate followed by equally steep declines to levels near the previous starting point. The most recent epidemic, from 1985-96, had the sharpest rise and steepest decline of the three epidemics. Popular explanations of the current epidemic fail to account for both the rise and fall of the decline, or for the repetitive pattern of these epidemics. In this article, we use public health data …

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

Vanderbilt Law School 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 …

Syringes In The Sea: Why Federal Regulation Of Medical Waste Is Long Overdue, Chryssa V. Deliganis, Steve P. Calandrillo

Articles

Medical waste is produced everywhere that people live and by almost everyone at some point in their lives. Its treatment and disposal implicates the environment, public health, the economy, human dignity, and aesthetics. With the many issues involved, the need for federal regulation of medical waste today is manifest.

This Article examines the problem of medical waste disposal and evaluates the current state-based approach to regulation. Although many states have implemented stringent medical waste programs with some success, the absence of direct federal regulation in this area is problematic. The need for national leadership is clear, especially with respect to …

Methamphetamine: Epidemiological And Research Implications For The Legal Field, Jane Carlisle Maxwell

North Dakota Law Review

No abstract provided.

Toward Facilitating A Voice For Politically Marginalized Minorities And Enhancing Presidential Public Accountability And Transparency In Foreign Health Policymaking, Nina J. Crimm

Vanderbilt Journal of Transnational Law

Residents of underdeveloped countries who belong to ethnic, racial, sexual, and political minorities usually endure relatively ineffective political voices. More than any other world population segment, these marginalized people are vulnerable to, and suffer from, compromised health and life expectancies. Their immense human tolls have spawned severe global humanitarian, economic, social, political, and security dilemmas contrary to the strategic interests of the United States. Despite recognition of these devastating harms here and abroad, the president as de facto primary U.S. foreign policymaker continues to formulate foreign health policy in an insular policymaking environment. The insularity enables the president to design …

China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter

All Faculty Publications

The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …

Foreword: Globe-Hopping Pharmaceuticals, Frances H. Miller

Faculty Scholarship

No abstract provided.

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Bioterror And “Bioart”: A Plague O' Both Your Houses, George J. Annas

Faculty Scholarship

Since September 11, 2001, the threat of bioterrorism has caused Congress and the President to dramatically increase research funding for countermeasures, including funding for new biosecurity laboratories. The new kind of war against non-state actors who use terror to intimidate populations has also made the creation of new ethical and legal rules for researchers seem critical. New laws have been passed, and there have been proposals for new codes of ethics for bioterrorism-related research. Almost five years after September 11, however, the outcome of the development of new research rules remains uncertain.