Digital Commons Network^™

Government Reinsurance Programs And Consumer-Driven Care, John V. Jacobi

Buffalo Law Review

No abstract provided.

Trips: Protecting The Rights Of Patent Holders And Addressing Public Health Issues In Developing Countries, Anthony P. Valach Jr.

Chicago-Kent Journal of Intellectual Property

No abstract provided.

Should Liability Play A Role In The Social Control Of Biobanks?, Larry I. Palmer

Faculty Publications

No abstract provided.

Jacobson V Massachusetts: It's Not Your Great-Great-Grandfather's Public Health Law, Wendy K. Mariner, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Jacobson v Massachusetts, a 1905 US Supreme Court decision, raised questions about the power of state government to protect the public’s health and the Constitution’s protection of personal liberty. We examined conceptions about state power and personal liberty in Jacobson and later cases that expanded, superseded, or even ignored those ideas.

Public health and constitutional law have evolved to better protect both health and human rights. States’ sovereign power to make laws of all kinds has not changed in the past century. What has changed is the Court’s recognition of the importance of individual liberty and how it limits …

Law And Public Health: Beyond Emergency Preparedness, Wendy K. Mariner

Faculty Scholarship

This Article examines three questions: What is public health? What is public health law? What roles can lawyers play in public health? It first describes the breadth of public health, highlighting six trends shaping its future: social determinants of health; synergy between medicine and public health; shifts in focus from external (e.g., environmental and social) to internal (behavioral) risks to health; federalization of public health law; globalization of health risks and responses; and bioterrorism. Because the domains of law that apply to public health are equally broad, the Article next offers a conceptual framework for identifying the types of laws …

Exploring California's Rural Health System: From The Redwood Forests To The Baja Border, Eileen Salinsky, Jessamyn Taylor

National Health Policy Forum

This three day site visit to California explored the state’s rural health system with a particular focus on the financial health of inpatient and outpatient providers and how that affects access to care. The role of telemedicine as a tool for expanding access was explored as well as the special needs of vulnerable populations such as farmworkers. Participants learned how state and federal regulation and payment policies and state budget deficits impact the viability of rural health systems.

Patents, Essential Medicines, And The Innovation Game, David W. Opderbeck

Vanderbilt Law Review

The once dusty arena of international patent law now hosts a life and death contest. Human rights activists claim patents restrict access to essential technologies in the developing world and skew research and development away from global health and welfare problems. Industrialized countries argue that innovation and development require strong patent protection. Both sides agree that much of the world lacks meaningful access to technologies that are basic to a healthy standard of living.

Current international patent rules strike an uneasy balance between these conflicting views about patents. The precarious nature of this balancing act is illustrated by the recent …

A Separate Crime Of Reckless Sex, Katharine K. Baker

All Faculty Scholarship

This article attempts to make progress on both the problems of sexually transmitted disease and acquaintance rape by proposing a new crime of reckless sexual conduct. A defendant would be guilty of reckless sexual conduct if, in a first sexual encounter with another particular person, the defendant had sexual intercourse without using a condom. Consent to unprotected intercourse would be an affirmative defense, to be established by the defendant with a preponderance of the evidence. As an empirical matter, first-encounter unprotected sex greatly increases the epidemiological force of sexually transmitted disease and a substantial proportion of acquaintance rape occurs in …

Federalizing The First Responders To Acts Of Terrorism Via The Militia Clauses, Brian C. Brook

Duke Law Journal

No abstract provided.

Project Bioshield: Linking Bioterrorism Threats And Countermeasure Procurement To Enhance Terrorism Preparedness, Michael Greenberger

Congressional Testimony

No abstract provided.

Volunteer Health Professionals And Emergencies: Assessing And Transforming The Legal Environment, James G. Hodge Jr, Lance A. Gable, Stephanie H. Cálves

Law Faculty Research Publications

No abstract provided.

Is Justice For One Justice For All? The Dilemma Of Public Health Enforcement In An Interconnected World, John D. Blum

Loyola University Chicago Law Journal

No abstract provided.

Reconsidering The Model State Emergency Health Powers Act: Toward State Regionalization In Bioterrorism Response, Matthew E. Brown

Annals of Health Law and Life Sciences

This article takes a critical look at the Model State Emergency Health Powers Act, legislation developed quickly as part of the country's "War on Terror." The author examines the potential bioterrorist threat, criticizes protocols currently in place under the Act, and offers his suggestions for a more effective, more efficient response to bioterrorism in light of technological advances affecting warfare tactics and pathology.

Using Therapeutic Jurisprudence In Teaching Lawyering Skills: Meeting The Challenge Of The New Aba Standards, Bruce J. Winick

St. Thomas Law Review

At some law schools, existing courses already involve a simulation component. Some use a problem method approach whereby students are provided with written problems in advance and asked to come to class prepared to role play attorneys solving the problems or presenting opposing arguments concerning them. In the past, when I taught courses in Administrative Law and Federal Courts, I used a problem method approach that sought to blend skills training with doctrinal learning. For many years I have taught, and continue to teach, a course in Advanced Criminal Procedure using a variety of problems crafted over the years that …

Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar

ILSA Journal of International & Comparative Law

The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."

Conditional Cash Transfers: Progress Towards The Millennium Development Goals, Blase Kornacki

Sustainable Development Law & Policy

No abstract provided.

The Un And The Responsibility To Practice Public Health, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler

Articles by Maurer Faculty

In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health …

Pharmaceutical Tort Liability: A Justifiable Nemesis To Drug Innovation And Access?, 38 J. Marshall L. Rev. 987 (2005), Paula Jacobi

UIC Law Review

No abstract provided.

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …

Honorable Marlene Jennings, P.C., M.P., The Session 12: The Future Of The Evolving Special Canada-U.S. Relationship: New Dimensions And Possible Future Progress And Concerns - Differing Approaches To Our Common Values And Experiences (I.E., The Law, The D, Marlene Jennings, P.C. M.P. Hon.

Canada-United States Law Journal

relationship between Canada and United States

Session 3: Beyond Nafta, Theodore W. Kassinger

Canada-United States Law Journal

No abstract provided.

International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu

American University International Law Review

No abstract provided.

Too Much Religious Freedom - Infants Infected With Herpes After Jewish Mohel Applies Oral Suction To Circumcised Penises, Jamie Cole Kerlee

Journal of Law and Health

Does the Constitution absolutely protect the free exercise of oral-genital suction when it threatens the health and safety of human beings, particularly infants? And does the Constitution bar parents from having any remedy for the lifelong physical, emotional, and financial damage that may potentially result from the negligent HSV transmission through metzizah be'peh? This article focuses on the controversial issue of state interference with the Orthodox Jewish practice, a topic recently at the forefront in New York City. Until the government recognizes its duty to provide affirmative regulation of metzitzah be'peh to protect the compelling health interest of infants, thousands …

Introduction, Melanie Santiago

Journal of Health Care Law and Policy

No abstract provided.

The 800 Pound Gorilla Sleeps: The Federal Government's Lackadaisical Liability And Compensation Policies In The Context Of Pre-Event Vaccine Immunization Programs, Michael Greenberger

Journal of Health Care Law and Policy

No abstract provided.

Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh

Journal of Health Care Law and Policy

No abstract provided.

Autonomy Suspended: Using Female Patients To Teach Intimate Exams Without Their Knowledge Or Consent, Robin Fretwell Wilson

Journal of Health Care Law and Policy

No abstract provided.

Iucn As Catalyst For A Law Of The Biosphere: Acting Globally And Locally, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Unique among international organizations, the International Union for the Conservation of Nature and Natural Resources (IUCN) operates at the global, regional, and national levels to build governmental capacity to protect the environment. With a membership of over 75 sovereign states and 800 nongovernmental organizations, IUCN functions as an intergovernmental organization at the transnational level while operationally embodying the maxim "think globally, act locally." IUCN acts as a consortium of environmental scientists and professionals, including environmental lawyers who have proposed and secured adoption of significant environmental treaties such as the Convention on the International Trade in Endangered Species (CITES) and their …

Informal Rules, Transactions Costs, And The Failure Of The "Takings" Law In China, Chenglin Liu

UC Law SF International Law Review

Since the 1990s, China has witnessed large-scale demolition projects aimed at making room for commercial development. Commercial developers have been reluctant to provide residents with compensation and relocation arrangements, resulting in tension between residents and developers. To strike a balance between economic development and private property protection, lawmakers passed several laws to regulate government takings. In March 2004, a clause was added to Article 13 of the Constitution, requiring the government to compensate private owners when their property is taken for public use. The author concludes that widespread misuse of public purpose takings and forced evictions indicate that these new …