Digital Commons Network^™

Quarantine Redux: Bioterrorism, Aids And The Curtailment Of Individual Liberty In The Name Of Public Health, Wendy E. Parmet

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Florida's Scarlet Letter Repealed: A Retrospective Analysis Of The Constitutionality Of The Florida Adoption Notification Provision And A Commentary On The Future Of The Right To Privacy, Nicholas Ciappetta

Hofstra Law Review

No abstract provided.

Racism Or Realpolitik? U.S. Foreign Policy And The Hiv/Aids Catastrophe In Sub-Saharan Africa, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Latcrit Vi, Outsider Jurisprudence And Looking Beyond Imagined Borders, Ediberto Román

Faculty Publications

The Sixth Annual LatCrit Conference (LatCrit VI) titled "Latinas/os and the Americas: Centering North-South Frameworks in LatCrit Theory," was the latest installment of the leading progressive scholarly movement addressing nonwhite critical jurisprudence.3 The goals of the conference were to explore the ties that bind Latinas/os residing in the United States to their homeland's societies and cultures, and to examine the impact of globalization on critical jurisprudential discourse.4 The conference was attended predominately by straight and gay law professors of color, including Latinas/os, African Americans, Asian Americans, and indigenous persons, most of whom describe themselves as LatCrits or more whimsically, LatCritters. …

Increasing The Supply Of Organs In Transplantation Through Paired Organ Exchanges, Michael T. Morley

Scholarly Publications

No abstract provided.

Cruel But Not Unusual Punishment: The Failure To Provide Adequate Medical Treatment To Female Prisoners In The United States, Kendra Weatherhead

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The World Health Organization's Framework Convention On Tobacco Control, Free Trade And The American Example, Alicia M. Bartkowski

Journal of International Business and Law

No abstract provided.

The Limits Of Integrity Or Why Cabinets Have Locks, Burnele V. Powell

Fordham Law Review

No abstract provided.

Bitten By West Nile: The Past And Future Of A Virus In The Western Hemisphere, Hillary Merritt

Colorado Environmental Law Journal

No abstract provided.

Public Health And The Built Environment: Historical, Empirical, And Theoretical Foundations For An Expanded Role, Wendy Collins Perdue, Lawrence O. Gostin, Lesley A. Stone

Law Faculty Publications

In 2000, the Center for Disease Control and Prevention's National Center for Environmental Health issued a report that explored some of the ways in which "sprawl" impacts public health. The report has generated great interest, and state health officials are beginning to discuss the relationship between land use and public health. The CDC report has also produced a backlash. For example, the Southern California Building Industry Association labeled the report "a ludicrous sham" and argued that the CDC should stick to "fighting physical diseases, not defending political ones."

In this environment, it is understandable if the CDC looks to such …

The Built Environment And Its Relationship To The Public's Health: The Legal Framework, Wendy Collins Perdue

Law Faculty Publications

Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article re- views the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment.

The Model State Emergency Health Powers Act: Public Health And Civil Liberties In A Time Of Terrorism, Lawrence O. Gostin

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Regulation Of Biological Research In The Terrorism Era, Barry Kellman

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Bioterrorism Defense: Are State Mandated Compulsory Vaccination Programs An Infringement Upon A Citizen's Constitutional Rights, Brendon Kohrs

Journal of Law and Health

The agents of anthrax and smallpox threaten the health and welfare of the state citizenry and therefore the state can enact legislation appropriate to offset the possible harm. In order for the enacted legislation to withstand a constitutional challenge, the possible harm has to be a compelling governmental interest of public safety and welfare narrowly tailored to that goal. The purpose of this article is to demonstrate that the United States Department of Health and Human Services has the ability to recommend a compulsory vaccination program for citizens, and this program would not be in violation of a person's constitutional …

The Latex Allergy Crisis: Proposing A Healthy Solution To The Dilemma Facing The Medical Community, Lynn Cherne-Breckner

Journal of Law and Health

The explosion in the number and severity of latex allergies began with the emergence of the AIDS epidemic as the Centers for Disease Control issued universal precautions advising health care workers to use protective barriers to prevent the spread of the infection. This resulted in constant use of the gloves by medical workers and a great increase in demand for cost effective gloves. Essentially, the quality of the glove making process decreased, increasing the amount of allergy inducing proteins excreted to wearers. Afflicted workers include physicians, nurses, dentists, dental hygienists, operating room personnel, laboratory technicians and ambulance attendants among others. …

Due Justice: Amelioration For Law School Compliance With The Solomon Amendment: A Handbook For Law Schools, Chai Rachel Feldblum, Michael Boucai

Other Scholarship

No abstract provided.

An Introduction To Genetically Modified Foods, Kathleen Hart

Richmond Journal of Law & Technology

Thank you. I have been visiting a lot of bookstores since Eating in the Dark came out last year, including a wonderful bookstore, I should mention, which is right here in Richmond called the Fountain Bookstore. People often ask me if I’ve changed my diet as a result of what I learned while researching the book. Mainly, have I stopped eating genetically engineered foods? I always answer that I’m an American, so of course I eat genetically engineered foods because we have no choice in the matter. GM foods are ubiquitous in the processed foods, and they’re not labeled. But …

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Maryland Law Review

No abstract provided.

Hiv And The Direct Threat Defense, Katrina Atkins, Richard Bales

Kentucky Law Journal

No abstract provided.

Policy Choices And Model Acts: Preparing For The Next Public Health Emergency, Ken Wing

Faculty Articles

This article explores policy choices and model acts related to public health administration in the U.S. This article provides information of the general public or state policymakers concerning important policy choices, variation of the pre-existing legal structure in each state, and the principles of separation of powers in limiting legislature's ability to delegate legislative-type decisions.

One Word Can Make All The Difference: An Examination Of The Third Circuit's Handling Of Health Care Insurance Policy Exclusion Clauses For Pre-Existing Conditions, Christina M. Finello

Villanova Law Review (1956 - )

No abstract provided.

A Tribute To Gene W. Matthews, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Conference Center, across the street from the Centers for Disease Control and Prevention (CDC) on Clifton Road in Atlanta, I sat on a leather sofa with one of my oldest, dearest friends-Gene Matthews, Legal Adviser to the CDC. Gene asked to meet me to talk about how we might invigorate the field of public health law. Matthews and his colleagues at CDC were hatching an idea to commence a grass-roots movement in public health law.

When Terrorism Threatens Health: How Far Are Limitations On Personal And Ecomonic Liberties Justified, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The government is engaged in a homeland-security project to safeguard the population's health from potential terrorist attacks. This project is politically charged because it affords the state enhanced powers to restrict personal and economic liberties. Just as governmental powers relating to intelligence, law enforcement, and criminal justice curtail individual interests, so too do public health powers.

That Wonderful Year: Smallpox, Genetic Engineering, And Bio-Terrorism, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The thesis of this Article is that the United States, Russia, and by extension, the world as a whole, are pursuing a fundamentally sound strategy in retaining, rather than destroying, the last known remaining samples of the variola virus. For now, those samples are housed in secure, deep-freeze storage at the U.S. Centers for Disease Control and Prevention (CDC) in Atlanta, Georgia and at the comparable Russian facility, known as Vector, near Novosibirsk, Siberia. But that basic decision is about the only correct move we are making at this time - and even it is animated by fundamental misapprehensions about …

The Global Reach Of Hiv/Aids: Science, Politics, Economics, And Research, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This Article examines the major social, political, economic, and ethical issues involved in the global HIV pandemic. First, it examines the steps needed to prevent and treat HIV effectively and examines why many leaders have not responded more forcefully. This Part discusses the intangible, but crucial, aspect of political will. Second, this Article looks at the divisive issue of drugs, patents, and international trade law. Highly developed countries usually want to uphold the patent system to protect the proprietary interests of drug companies, which keeps the price of HIV/AIDS drugs high, placing them out of the reach of resource-poor countries. …

Labor And Employement Law - Discrimination: An Eeoc Regulation Allowing Employers To Assert That Employee May Not Pose A Danger To Himself Falls Within The Purview Of The Americans With Disabilities Act, Erin M. Conroy

North Dakota Law Review

No abstract provided.

Blinded By Bioterrorism: Public Health And Liberty In The 21st Century, George J. Annas

Faculty Scholarship

In Blindness, Nobel Prize laureate Jos6 Saramago chronicles the quarantining of the first victims of a plague of blindness.1 We meet many people who become blind in Saramago's novel, including an opthamologist, a one-eyed man with an eye patch, and a man born blind. Saramago reminds us that we are all blind in one way or another, and that there are many things about ourselves and our society that we can't or won't see. The quarantine itself turns out to be isolating, inhumane, and degrading; the interred blind being portrayed by themselves and others as pigs, dogs, and "lame crabs." …

The Right To Health And The Nevirapine Case In South Africa, George J. Annas

Faculty Scholarship

Thanks to activists in South Africa, the right to health as a human right has returned to the international stage, just as it was being displaced by economists who see health through the prism of a globalized economy and by politicians who see it as an issue of national security or charity. The current post-apartheid debate in South Africa is not about race but about health, and in this context, the court victory by AIDS activists in the nevirapine case has been termed not only, as stated in one British newspaper, “the greatest defeat for [President Thabo] Mbeki's government” but …