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The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock Jun 2003

The Qualities Of Mercy: Maximizing The Impact Of U.S. Refugee Resettlement, Daniel J. Steinbock

University of Michigan Journal of Law Reform

Resettlement in the US. bestows a life changing benefit on thousands of overseas refugees. Because American refugee acceptance can never reach more than a tiny fraction of the world's millions of persecuted or oppressed, however, allocating this bounty requires the US. to choose the lucky few from the worthy many. Since the creation in 1980 of a permanent program of refugee resettlement, three different, and often conflicting, purposes have contended for its trove of immigration-like admissions slots. These are the removal of people from danger or hardship, the furtherance of a cluster of foreign policy objectives, and the facilitation of …


Falling Through The Cracks: The Unique Circumstances Of Hiv Disease Under Recent Americans Wtih Disabilities Act Caselaw And Emerging Privacy Policies, Caroline Palmer, Lynn Mickelson Jun 2003

Falling Through The Cracks: The Unique Circumstances Of Hiv Disease Under Recent Americans Wtih Disabilities Act Caselaw And Emerging Privacy Policies, Caroline Palmer, Lynn Mickelson

Minnesota Journal of Law & Inequality

No abstract provided.


Will That Be First Class, Business Class, Or Pet Class - Changing Legal Trends For The Traveling Pet, Judith R. Karp May 2003

Will That Be First Class, Business Class, Or Pet Class - Changing Legal Trends For The Traveling Pet, Judith R. Karp

San Diego International Law Journal

This Article discusses the recently enacted British and European Union legislation that eases the restrictions on pet travel from the United States and Canada to European countries and its effect on the ailing airline and travel industries.


International Trade And Human Rights: An Economic Perspective, Alan O. Sykes May 2003

International Trade And Human Rights: An Economic Perspective, Alan O. Sykes

Coase-Sandor Institute for Law & Economics Research Paper Series

No abstract provided.


Genetic Information And The Importance Of Context: Implications For The Social Meaning Of Genetic Information And Individual Identity, Ken M. Gatter Apr 2003

Genetic Information And The Importance Of Context: Implications For The Social Meaning Of Genetic Information And Individual Identity, Ken M. Gatter

Saint Louis University Law Journal

No abstract provided.


Triage In The Nation's Medicine Cabinet: The Puzzling Scarcity Of Vaccines And Other Drugs, Lars Noah Apr 2003

Triage In The Nation's Medicine Cabinet: The Puzzling Scarcity Of Vaccines And Other Drugs, Lars Noah

South Carolina Law Review

No abstract provided.


Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue Apr 2003

Breast Still Best: An Argument In Favor Of One Hiv Positive Mother's Right To Breastfeed, Monique Anikwue

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig Apr 2003

Academics And Bioterrorists: New Thinking About The New Terror, Richard Danzig

Cardozo Law Review

No abstract provided.


The Ambiguity Of Gatt Article Xxi: Subtle Success Or Rampant Failure, Peter Lindsay Apr 2003

The Ambiguity Of Gatt Article Xxi: Subtle Success Or Rampant Failure, Peter Lindsay

Duke Law Journal

No abstract provided.


"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song Feb 2003

"Never Forget What They Did Here": Civil War Pensions For Gettysburg Union Army Veterans And Disability In Nineteenth-Century America, Peter Blanck, Chen Song

William & Mary Law Review

No abstract provided.


Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright Jan 2003

Discussed In Federico Stella, Criminal Omissions, Causality, Probability, Counterfactuals: Medical-Surgical Activity, Richard W. Wright

All Faculty Scholarship

No abstract provided.


Design, Trading, And Innovation, David M. Driesen Jan 2003

Design, Trading, And Innovation, David M. Driesen

College of Law - Faculty Scholarship

This article questions the conventional theory purporting to establish that environmental benefit trading encourages innovation better than comparable traditional regulation. It argues that the induced innovation hypothesis, that high costs encourage innovation, suggests that trading would lessen incentives for innovation by lowering the cost of complying with conventional approaches. The conventional theory relies upon the incentive emissions trading creates for polluters to make additional reductions in order to sell credits. But emissions trading also creates incentives for half of the pollution sources (the credit buyers) to make less reductions than they would under a traditional regulation. By focusing analysis only …


Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman Jan 2003

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Using Distance Learning To Enhance Cross-Listed Interdisciplinary Law School Courses, Paula E. Berg Jan 2003

Using Distance Learning To Enhance Cross-Listed Interdisciplinary Law School Courses, Paula E. Berg

Publications and Research

No abstract provided.


Bioterrorism Meets Privacy: An Analysis Of The Model State Emergency Health Powers Act And The Hipaa Privacy Rule, Julie Bruce Jan 2003

Bioterrorism Meets Privacy: An Analysis Of The Model State Emergency Health Powers Act And The Hipaa Privacy Rule, Julie Bruce

Annals of Health Law and Life Sciences

Ms. Bruce's paper analyzes the interplay between the Model State Emergency Health Powers Act and the HIPAA Privacy Rule. The article begins by examining specific relevant provisions of the Act and Rule. Next, it traces the history of public health law through the court system and then uses this foundation to discuss how the Model State Emergency Health Powers Act and the HIPAA Privacy Rule could co-exist, protecting Americans in the case of a bioterror attack, while being appropriately sensitive to the confidentiality of private health information.


How Much Do Western Democracies Value Family And Marriage?: Immigration Law's Conflicted Answers, Nora V. Demleitner Jan 2003

How Much Do Western Democracies Value Family And Marriage?: Immigration Law's Conflicted Answers, Nora V. Demleitner

Hofstra Law Review

No abstract provided.


Comparative And International Health Law, Timothy Stoltzfus Jost Jan 2003

Comparative And International Health Law, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.


No More Kidding Around: Restructuring Non-Medical Childhood Immunization Exemptions To Ensure Public Health Protection, Ross D. Silverman Jan 2003

No More Kidding Around: Restructuring Non-Medical Childhood Immunization Exemptions To Ensure Public Health Protection, Ross D. Silverman

Annals of Health Law and Life Sciences

Professor Silverman's article examines the complex challenges faced by U.S. policymakers attempting to balance the public health protections of mandatory childhood immunization programs with the legal, religious, philosophical, and practical concerns raised by permitting non-medical exemptions under the programs. The article begins with a discussion of the history of childhood immunization programs, and continues by describing the inconsistency of enforcement of state immunization laws and exemptions. The author analyzes recent cases from New York, Wyoming, and Arkansas, and discusses how these decisions both pose threats to these programs' public health protections, while also offering insight into potential problems for other …


Reclaiming Civil Rights In Uncivil Times, Eric K. Yamamoto Jan 2003

Reclaiming Civil Rights In Uncivil Times, Eric K. Yamamoto

UC Law Journal of Race and Economic Justice

Three Cs: Celebration, Caution, and Challenge. Three C's of both worry and hope. The first C is to celebrate the Civil Rights Movement's accomplishments, then and now-the innumerable ways as the movement broadened it has bettered the daily lives of communities of color and, indeed, all Americans. The second C is caution-to caution against the dismantling of civil rights fueled in part by the conservative New Federalism. The third C is challenge-to envision our role in justice struggles in the post-September 11th Bush-Ashcroft era and, specifically, to think hard about what "Civil Rights" now means and why "Reclaiming Civil Rights' …


Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin Jan 2003

Arrested Adults Awaiting Arraignment: Mental Health, Substance Abuse, And Criminal Justice Characteristics And Needs, Nahama Broner, Stacy S. Lamon, Damon W. Mayrl, Martin G. Karopkin

Fordham Urban Law Journal

This Study is one of the first to look at the mentally ill during the pre-arraignment process. The pre-arraignment process is an excellent place to identify individuals with mental health and substance abuse problems, to examine those problems, to consider legal interventions, such as diversion or routing to specialized courts, for instance, drug and mental health courts, and to plan for community mental health, substance abuse, health, and social service interventions. Following a brief review of the literature on rates of substance abuse and mental health problems for ciminal justice populations, the process from arrest to arraignment in Kings County …


The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas Jan 2003

The Tampa Incident: Imo Perspectives And Responses On The Treatment Of Persons Rescued At Sea, Frederick J. Kenney Jr., Vasilios Tasikas

Washington International Law Journal

The duty to provide aid to fellow seafarers in distress has long been enshrined in maritime tradition. The modem formalization of this duty in international law, however, has created a division between the duty to "provide assistance" and the obligation to "rescue." This division has created ambiguity and friction as the former duty applies to individuals and vessels whereas the latter obligation applies to states. In recent years, incidents involving two commercial vessels, the Tampa and the Castor, have starkly illustrated the extent to which this ambiguity and friction in international law translates into negative effects in the real …


Intercountry Adoption: Toward A Regime That Recognizes The Best Interests Of Adoptive Parents, Donovan M. Steltzner Jan 2003

Intercountry Adoption: Toward A Regime That Recognizes The Best Interests Of Adoptive Parents, Donovan M. Steltzner

Case Western Reserve Journal of International Law

No abstract provided.


The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler Jan 2003

The Potential Impact Of Genetic Sequencing On The American Health Insurance System, Frederick Levy, Joseph F. Lawler

Journal of Health Care Law and Policy

No abstract provided.


Reactions And Overreactions: Smallpox Vaccination, Complications, And Compensation, George Conk Jan 2003

Reactions And Overreactions: Smallpox Vaccination, Complications, And Compensation, George Conk

Fordham Environmental Law Review

No abstract provided.


2022 Legislative Review, Emilie Keturakis Jan 2003

2022 Legislative Review, Emilie Keturakis

Animal Law Review

No abstract provided.


Biodefense: Who's In Charge?, Victoria Sutton Jan 2003

Biodefense: Who's In Charge?, Victoria Sutton

Health Matrix: The Journal of Law-Medicine

No abstract provided.


Am I My Brother's Keeper: Disabilities, Paternalism, And Threats To Self, D. Aaron Lacy Jan 2003

Am I My Brother's Keeper: Disabilities, Paternalism, And Threats To Self, D. Aaron Lacy

Santa Clara Law Review

No abstract provided.


Ending Child Labor: A Role For International Human Rights Law?, James J. Silk, Meron Makonnen Jan 2003

Ending Child Labor: A Role For International Human Rights Law?, James J. Silk, Meron Makonnen

Saint Louis University Public Law Review

No abstract provided.


Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman Jan 2003

Looking Backward: The Twentieth Century Revolutions In Psychiatry, Law And Public Mental Health, Sheldon Gelman

Law Faculty Articles and Essays

Do histories of psychiatry make a difference--or have legal implications--in the present? Does our current situation help explain what historians say about psychiatry's past? Focusing on the past half century--the era of medications-- this paper explores the reciprocal relationship between the present and the past in psychiatry. Part II sketches the medical developments that constitute the subjects of any history of psychiatry. This Part also examines related developments in law. Part III introduces some problems of psychiatric historiography and examines some historians' attempts to deal with them. Part IV analyzes the account of psychiatry's past contained in Edward Shorter's well-regarded …


The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone Jan 2003

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …