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Articles 3181 - 3210 of 4392
Full-Text Articles in Entire DC Network
Consuming (F)Ears Of Corn: Public Health And Biopharming, Rebecca Bratspies
Consuming (F)Ears Of Corn: Public Health And Biopharming, Rebecca Bratspies
Publications and Research
No abstract provided.
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Hungry, Hungry Hippa: When Privacy Regulations Go Too Far, Meredith Kapushion
Fordham Urban Law Journal
This Comment explores the constructs and consequences of the Health Insurance Portability and Accountability Act of 1966 (“HIPAA”). HIPPA imposes considerable regulatory burdens on health care organizations in the hope that strict administration and control of information will prevent both real and perceived injuries from unauthorized and unwanted scrutiny of personal health data. In outlining the nature of HIPPA, the author presents what in her view are the Act’s shortcomings – HIPPA’s high costs, questionable benefits, and numerous economic, legal, and administrative consequences. As a result, the author presents alternatives to HIPPA that are less intrusive but still address the …
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
In Defense Of The 'Old' Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein
Articles
The traditional forms of public health law were directed largely toward communicable diseases and other externalities, such as pollution, with negative health impacts. The more modern view treats any health issue as one of public health so long as it affects large numbers of individuals, and this definition includes such matters as obesity and diabetes. This paper examines the historical and constitutional evolution of the public health principle as it moved from the narrower to the broader conception. It then argues that the narrower principle better defines the appropriate scope of coercive government intervention than the broader definition, which could …
Unequal Access: The Crisis Of Health Care Inequality For Low-Income African-American Residents Of The District Of Columbia, Robyn Whipple Diaz
Unequal Access: The Crisis Of Health Care Inequality For Low-Income African-American Residents Of The District Of Columbia, Robyn Whipple Diaz
Journal of Health Care Law and Policy
No abstract provided.
Abortion Rights In The United States And Taiwan, David Sho-Chao Hung
Abortion Rights In The United States And Taiwan, David Sho-Chao Hung
Chicago-Kent Journal of International and Comparative Law
No abstract provided.
International Legal Updates, Swati Rawani, Sabrina Balgamwalla
International Legal Updates, Swati Rawani, Sabrina Balgamwalla
Human Rights Brief
No abstract provided.
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Occupational Risk: The Outrageous Reaction To Hiv Positive Public Safety And Health Care Employees In The Workplace, Manju Gupta
Journal of Law and Health
Society, including the legal profession, fears the risk of transmission of HIV in an occupational setting. This is particularly true for those in the health care and public safety settings (fire fighters, police, and healthcare practitioners). This note will assert that the law should afford HIV infected public safety and healthcare employees the right to continue in their occupations. According to current medical evidence, when public safety and healthcare employees use universal precautions the risk of transmission to a person(s) assisted is insignificant. At the beginning of the epidemic, the medical profession had yet to conduct research, and the risks …
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Easing The Medical Malpractice Crisis: Restricting The Creation Of Duty Through An Implied Doctor-Patient Relationship, J. Gregory Lennon
Journal of Health Care Law and Policy
No abstract provided.
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
Journal of Health Care Law and Policy
No abstract provided.
Talk Is Cheap: Getting Serious About Preventing Child Soldiers, P. W. Singer
Talk Is Cheap: Getting Serious About Preventing Child Soldiers, P. W. Singer
Cornell International Law Journal
No abstract provided.
Human Rights, Health And The Environment, David Gillespie
Human Rights, Health And The Environment, David Gillespie
Human Rights & Human Welfare
Environmental health and human rights are inextricably linked. According to the Universal Declaration of Human Rights, Article 3, “Everyone has the right to life, liberty, and security of person.” Given that the earth is the source of the basic necessities of human life, any discussion about health and human rights must be attentive to its inherent environmental aspects. International conventions, documents and reports such as Agenda 21 (1992) and The Draft Declaration of Human Rights and the Environment (1994) have expressly argued for such an integrated approach. In response, a plethora of works over the past decade have expanded the …
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Toward An Indigenous Jurisprudence Of Rape, Sarah Deer
Faculty Scholarship
This article sets forth some preliminary issues and perspectives for the development of indigenous models of rape jurisprudence. Part I examines the reasons for and importance of developing an indigenous jurisprudence of rape. Part II addresses tribal jurisdiction issues, particularly the current limitations on tribal authority. Part III provides a historical context for the issue, including examples of the role of colonization in the responses to sexual violence. Part IV shares some visions for the development of a contemporary jurisprudence of rape for indigenous nations.
Heartbreak In Darfur: When Does Genocide Become Genocide?, Konjit Gomar
Heartbreak In Darfur: When Does Genocide Become Genocide?, Konjit Gomar
Loyola University Chicago International Law Review
No abstract provided.
The Right To Health, Sarah Friedmann
The Right To Health, Sarah Friedmann
Human Rights & Human Welfare
In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.
International Challenges For The Pharmaceutical/Biotech Industries In The 21st Century
International Challenges For The Pharmaceutical/Biotech Industries In The 21st Century
Loyola of Los Angeles Entertainment Law Review
No abstract provided.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Individual Aboriginal Rights, John W. Ragsdale Jr.
Michigan Journal of Race and Law
This Article will, in Section I, deal with the legal development of the concept of individual aboriginal rights. It will focus on the Western Shoshone land claims before the Indian Claims Commission, and the federal government's trespass claims against the ranching operations of the redoubtable, irrepressible Dann sisters. Section II will explore the development and utilization of the doctrine of individual aboriginal rights in a series of cases involving the Dann sisters, subsequent Western Shoshone, and other efforts by native people to secure subsistence hunting and fishing rights and possession of or access to sacred sites. Section III will explore …
The Precautionary Principle As The Law Of Planetary Defense: Achieving The Mandate To Defend The Earth Against Asteroid And Comet Impacts While There Is Still Time, Evan R. Seamone
Journal Articles
Current legal and policy efforts to enable adequate defense against potential asteroid or comet collisions with the earth are insufficient because they are indirectly premised upon theories that require verification of a clear and imminent threat before governmental agencies can act. This Article identifies the "precautionary principle" as the preeminent law of planetary defense against asteroid and comet impacts. The precautionary principle requires governments to take action to prevent harm even when it is uncertain if, when, or where the harm will occur. It requires governments to implement specific frameworks for making prompt decisions, directs intergovernmental bodies to plan for …
Beyond Republican Party V. White: A Plea For A Rule Of Reason For Extrajudicial Speech, Thomas Penfield Jackson
Beyond Republican Party V. White: A Plea For A Rule Of Reason For Extrajudicial Speech, Thomas Penfield Jackson
Hofstra Law Review
No abstract provided.
Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler
Caught Between Paradise And Power: Public Health, Pathogenic Threats, And The Axis Of Illness, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye
The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye
Syracuse Journal of International Law and Commerce
This article looks at customary and statutory laws, such as polygamy, widow inheritance, and other cultural practices that have contributed to the entrenchment of the disease in Africa, particularly sub-Saharan Africa. 7 It also provides a discussion of the African dilemma with recommendations. The article further looks at how weak human rights laws are and how the stigmatization associated with HIV/AIDS has contributed to the multi-faceted and complex nature of this disease in Africa. Additionally, it evaluates the possibility of changing or amending some of the related existing laws by offering a checklist for policy makers and legislators. Finally, the …
Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie
Shooting Ourselves In The Foot: Why Mandatory Reporting Of Gunshot Wounds Is A Bad Idea, Merril Pauls, Jocelyn Downie
Articles, Book Chapters, & Popular Press
A recent position statement by the Ontario Medical Association’s Section on Emergency Medicine called on the Ontario government to pass a law requiring physicians to report gunshot wounds to police. The Ontario government quickly passed a motion to “introduce legislation to require hospitals and physicians to report gunshot wounds and knife injuries to their local police service.” The goals behind the position statement are laudable: “to assess and reduce immediate public risk and to collect data to inform future prevention strategies.” However, mandating that physicians report gunshot wounds is an ill-conceived response to the problem of gun-related violence. It will …
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali
Finding Cures For Tropical Diseases: Is Open Source An Answer?, Stephen M. Maurer, Arti K. Rai, Andrej Sali
Faculty Scholarship
No abstract provided.
Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum
Too Strange To Be Just Fiction: Legal Lessons From A Bioterrorist Simulation, The Case Of Topoff 2, John D. Blum
Faculty Publications & Other Works
No abstract provided.
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Legal Frameworks For Chronic Disease Prevention, Wendy Collins Perdue
Law Faculty Publications
Law is a tool that can be used to shape both private and government conduct so as to impact public health. There are at least seven different techniques of legal intervention, each of which has advantages and disadvantages. These techniques are: direct regulation through command and coercion; economic incentives to encourage private parties to behave in a particular way; indirect regulation through private enforcement such as tort law; altering the informational environment; directly providing services or infrastructure to the public; government acting as a "model citizen" with respect to its employees and facilities; and, inducing other levels of government to …
Comparative And International Health Law, Timothy Stoltzfus Jost
Comparative And International Health Law, Timothy Stoltzfus Jost
Health Matrix: The Journal of Law-Medicine
No abstract provided.
The Four Ages Of Health Law, Rand E. Rosenblatt
The Four Ages Of Health Law, Rand E. Rosenblatt
Health Matrix: The Journal of Law-Medicine
No abstract provided.
Organ Transplants Are Becoming A Possibility For Hiv Patients, Michelle Lammers
Organ Transplants Are Becoming A Possibility For Hiv Patients, Michelle Lammers
Public Interest Law Reporter
No abstract provided.
An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio
An Overview Of Public Health In The New Millenium: Individual Liberty Vs. Public Safety, Dorothy Puzio
Journal of Law and Health
This article explores the tensions between creating an effective public health system that would be able to respond to and protect against any public health threat, and protecting individuals against unnecessary intrusions on their civil liberties. It then considers approaches to this issue that might best strike a balance in a democratic society. While many Americans may recognize and even accept that greater security would entail some intrusion into individual rights, there is no formula for striking the appropriate balance. This article attempts to arrive at a workable framework by examining how the United States' public health system works. This …
Linda Malan Hilton V. Utah State Retirement Board, Long Term Disability Program : Brief Of Respondent, Utah Court Of Appeals
Linda Malan Hilton V. Utah State Retirement Board, Long Term Disability Program : Brief Of Respondent, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM THE UTAH STATE RETIREMENT BOARD