Digital Commons Network^™

Segregation And Environmental Justice, Myron Orfield

Articles

No abstract provided.

Informal Rules, Transaction Costs, And The Failure Of The “Takings” Law In China, Chenglin Liu

Faculty Articles

The enforcement of China’s new takings law has failed. In the unbalanced tug-of-war between individual homeowners and deep pocketed developers, the government sided with the latter by changing zoning plans to fit commercial development, authorizing forced evictions, deploying judicial police to execute eviction orders, lowering compensation standards, instructing courts not to hear cases involving demolitions, blocking class actions, and more. Many Chinese scholars argue that lackluster enforcement can be remedied by a well-drafted property code. However, applying the New Institutional Economics’ (NIE) theory on institutions to the enforcement failure associated with the takings law draws attention to informal complaints, which …

Lifting The Pall Of Orthodoxy: The Need For Hearing A Multitude Of Tongues In And Beyond The Sexual Education Curricula At Public High Schools, Carlo A. Pedrioli

Faculty Scholarship

When public high schools promote heterosexuality at the cost of denying sexual minority youth the opportunity to learn about minority sexualities, these schools contribute to the disastrous situation in which many sexual minority high school students find themselves. This approach, which many public high schools take, is unnecessarily destructive and warrants prompt change. Instead of helping to perpetuate many of the challenges that sexual minority students face in high school, public high schools can and need to help address these challenges. To establish the case for such a position, this article begins by presenting the plight of many sexual minority …

Liberty Or Death: Maryland Improves Upon The Model State Emergency Health Powers Act, Franklin H. Alden Jr.

Journal of Health Care Law and Policy

No abstract provided.

Informed Consent And Public Health: Are They Compatible When It Comes To Vaccines?, Wendy E. Parmet

Journal of Health Care Law and Policy

No abstract provided.

Bad Science, Worse Policy: The Exclusion Of Gay Males From Donor Pools, John G. Culhane

Saint Louis University Public Law Review

No abstract provided.

From Helping To Hoarding To Hurting: When The Acts Of "Good Samaritans" Become Felony Animal Cruelty, Lisa Avery

Valparaiso University Law Review

No abstract provided.

Raich, Health Care, And The Commerce Clause, Alex Kreit, Aaron Marcus

William Mitchell Law Review

This article considers to what extent health care may be viewed as a traditional area of state concern in the context of the Supreme Court’s revival of federalism principles, in particular limits on Congress’ Commerce Clause power, and what effect Raich v. Ashcroft, heard by the Court in the fall 2004 term, might have on these issues. Addressing these questions will necessarily involve exploration of medical marijuana policy as well as the role of the “traditional state interest” principle within the Commerce Clause. However, the central focus of this article is not what impact Raich may have on the Commerce …

Regulating Sars In China: Law As An Antidote?, Chenglin Liu

Faculty Articles

Severe Acute Respiratory Disease (SARS) is caused by a coronavirus, and as of this writing has no known vaccine or cure. Generally, the disease starts with a high fever, headaches, body aches, and mild respiratory symptoms. SARS spreads through respiratory droplets produced by an infected person when he or she coughs or sneezes or through physical contact.

The disease was first identified in a southern province of China in November of 2002, and quickly spread to twenty-seven different countries. In March of 2003, the World Health Organization (WHO) declared SARS a global health threat. In China, the economic and social …

Fighting Epidemics With Information And Laws: The Case Of Sars In China (Book Review), Vincent R. Johnson, Brian T. Bagley

Faculty Articles

In Chinese Law on SARS, Chenglin Liu recounts the tale of China’s efforts to cope with the recent SARS epidemic. The outbreak of SARS coincided with the full session of the 10th National People’s Congress, which elected a new Central Government in response to governmental failures in dealing with the crisis. The new government’s “proactive” approach to addressing the epidemic was to enact new legislation, republish an important law, and issue authoritative interpretations of existing criminal law provisions.

Liu offers a savvy analysis of why China’s centralized framework initially impeded the fight against SARS, and discusses the new government’s decisions …

International Trade Agreements: Vehicle For Better Public Health?, David P. Fidler, Jason Sapsin, Ann Marie Kimball

Articles by Maurer Faculty

No abstract provided.

Health As Foreign Policy: Between Principle And Power, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Steven Woods, Stacey Woods V. Gary R. Zeluff, Utah Orthopaedic Associates : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal to the Court of Appeals From the Decision of the Third District Court

John Carbaugh And Dixie Carbaugh V. Asbestos Corporation Limited, Et Al., Defendants And Appellees : Unknown, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

It has come to our attention that, when filing our appellee brief in the above-identified case, we inadvertently failed to attach copies of the following unpublished Utah Court of Appeals opinions in our addendum:

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

Faculty Publications & Other Works

No abstract provided.

The Same Mold Story: What Toxic Mold Is Teaching Us About Causation In Toxic Tort Litigation, Jeffrey J. Hayward

North Carolina Law Review

No abstract provided.

Building Healthy Cities: Legal Frameworks And Considerations, Wendy Collins Perdue

Law Faculty Publications

This chapter will explore the range of laws and government policies that have shaped the physical structure of U.S. cities and thereby impacted the health of those cities' residents. This analysis will highlight the many, apparently "private" decisions that have been impacted by government policies. Though some of the laws, policies, prohibitions, and incentives have been formulated explicitly to take into account health considerations, others have unintended effects - both good and bad - on the health of urban populations.

Lessons To Be Learned From The 407 Process, Lainie Friedman Ross

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Authentic Democracy: Endowing Citizens With A Human Right In Their Genetic Information, Richard Cole

Hofstra Law Review

No abstract provided.

Gates V. Cook: Are Courts Equipped To Manage Prisons?, Katherine T. Wainwright

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Preserving A Precious Resource: Rationalizing The Use Of Antibiotics, Eric Kades

Faculty Publications

No abstract provided.

Litigating Global Warming: Substantive Law In Search Of A Forum, Henry Mcgee

Faculty Articles

In response to the obstruction by the United States of the Kyoto protocols and its subsequent agreements, American environmental NGOs and state governments have filed a range of lawsuits to force the current U.S. administration, automobile manufacturers, and regulatory actors to combat global warming. This essay first very briefly sketches some of the strategies by litigants to force compliance with Kyoto, an agreement which reflects nearly all of the international community's desire to schedule reductions in greenhouse gas emissions. The essay then describes a strategy that perhaps is the most conventional in terms of international law, but requires a nation …

The Legal Fiction Of The Lake Matchimanitou Indian School, Matthew L.M. Fletcher

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Reasonable Pricing - A New Twist For March-In Rights Under The Bayh-Dole Act, John H. Rabitschek, Norman J. Latker

Santa Clara High Technology Law Journal

No abstract provided.

World Health Law: Toward A New Conception Of Global Health Governance For The 21st Century, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The international community joined together during the late twentieth century to form a world trade system. Although imperfect, the world trade system contains adjudicable and enforceable norms designed to facilitate global economic activity. Human health is at least as important as trade in terms of its effects on the wellbeing of populations. Moreover, health hazards-biological, chemical, and radionuclear-have profound global implications. Whether these threats' origins are natural, accidental, or intentional, the harms, as well as the response, transcend national frontiers and warrant a transnational response. Despite their high importance, the International Health Regulations (IHR) are antiquated, limited in scope, and …

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

Vanderbilt Journal of Transnational Law

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 of such a universal right to …

Tragedy & Remedy: Reparations For Disparities In Black Health, Kevin Outterson

Faculty Scholarship

The Tragedy of American health care is the stubborn persistence of disparities in Black health, one hundred and forty years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social institutions, including some governments, charities, market participants, religions, ideologies, and cultures. Black health disparities interact with other vestiges of slavery such as disparities in wealth, education, employment and housing. They have permeated the American health experience. Efforts to eliminate Black …

The Vanishing Public Domain: Antibiotic Resistance, Pharmaceutical Innovation And Global Public Health, Kevin Outterson

Faculty Scholarship

Penicillin and other antibiotics were the original wonder drugs and laid the foundation of the modern pharmaceutical industry. Human health significantly improved with the introduction of antibiotics. By 1967, the US Surgeon General declared victory over infectious diseases in the US. But pride goes before a fall. The evolutionary pressure of antibiotic use selects for resistant strains with the least fitness cost. Effective drugs should be used. But when they are used, no matter how carefully, evolutionary pressure for resistance is created. The problem is not limited to antibiotics. Variants of the human immunodeficiency (AIDS) virus develop resistance to anti-retroviral …

The Asian Century: Implications For International Law, David P. Fidler

Articles by Maurer Faculty

Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …

Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.