Digital Commons Network^™

Puppy Love: Bioterrorism, Civil Rights, And Public Health, George J. Annas

Faculty Scholarship

Florida has been the state humorists most like to make fun of since the 2000 presidential election, especially when it comes to politics. And humorists are almost the only commentators who can be counted on to tell us the truth about the state of American politics today. When Californians decided to recall their Governor, for example, Conan O'Brien observed: "Yesterday Arnold Schwarzenegger announced he would run for governor of California. The announcement was good news for Florida residents, who now live in the second-flakiest state in the country."' And when more than 200 people filed to run for Governor, Jay …

Drug Wars In Black And White, Joseph E. Kennedy

Faculty Publications

No abstract provided.

Public Health And National Security In The Global Age: Infectious Diseases, Bioterrorism, And Realpolitik, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Politics Of Public Health: A Response To Epstein, Lawrence O. Gostin, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Conservatives are taking aim at the field of public health, targeting its efforts to understand and control environmental and social causes of disease. Richard Epstein and others contend that these efforts in fact undermine people’s health and well-being by eroding people’s incentives to create economic value. Public health, they argue, should stick to its traditional task—the struggle against infectious diseases. Because markets are not up to the task of controlling the transmission of infectious disease, Epstein says, coercive government action is required. But market incentives, not state action, he asserts, represent our best hope for controlling the chronic illnesses that …

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

She Breaks Just Like A Little Girl: Neonaticide, The Insanity Defense, And The Irrelevance Of Ordinary Common Sense, Michael L. Perlin

Articles & Chapters

No abstract provided.

World Agriculture Trade In Purgatory: The Uruguay Round Agriculture Agreement And Its Implications For The Doha Round, Raj Bhala

North Dakota Law Review

No abstract provided.

In Defense Of "Old" Public Health: The Legal Framework For The Regulation Of Public Health, Richard A. Epstein

Coase-Sandor Institute for Law & Economics Research Paper Series

The traditional forms of public health law were directly 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 effects large numbers of individuals, which would include such matters as obesity and diabetes. Historically, this paper examines the constitutional evolution of the public health principle 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 easily authorize those forms of …

The U.S. And Mexico Sin Fronteras - Without Borders: Sustainable Development From A Local Perspective, Paulette Stenzel

William & Mary Environmental Law and Policy Review

No abstract provided.

Table Of Contents, Volume 1, Numbers 1 & 2, 2002, Editorial Board

The University of New Hampshire Law Review

This is a special Issue on radiation effects, and this volume continues the work of the journal "RISK: Health, Safety & Environment."

Genetic Services In Ontario: Mapping The Future, Roxanne Mykitiuk

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

U.S. Childhood Vaccine Availability: Legal, Regulatory, And Economic Complexities, Robin J. Strongin

National Health Policy Forum

Despite the vital role they play in public health, childhood vaccines travel a complicated road from laboratory to provider and patient. From the fall of 2000 until well into 2002, a combination of factors, including market dynamics, legal challenges, and regulatory hurdles, led to a shortage of some childhood vaccines. This paper examines each of these factors, focusing on the important roles of both the public and the private sectors.

Toward A National Sustainable Development Strategy, John C. Dernbach

Buffalo Environmental Law Journal

No abstract provided.

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.

Empirical Evidence And Malpractice Litigation, Philip G. Peters Jr.

Faculty Publications

Critics of medical malpractice litigation believe that expert testimony is often anecdotal and biased. To remedy this problem, several have recently suggested that attorneys should provide and courts should seek reliable empirical evidence of actual clinical norms. Their suggestion should be welcomed. If our expectations are realistic and the design pitfalls are avoided, greater use of use of empirical research will improve the fairness of malpractice adjudication. At least in theory, it could be useful in both the "easy" cases (where it reveals that a consensus standard of care exists) and also some of the harder cases (where clinical practices …

Technology And The Eighth Amendment: The Problem Of Supermax Prisons, Charles A. Pettigrew

North Carolina Journal of Law & Technology

No abstract provided.

Achieving Global Health: A Review Of The World Health Organization's Response, Mark J. Volansky

Tulsa Journal of Comparative and International Law

No abstract provided.

Law & Health Care Newsletter, V. 10, No. 1, Fall 2002

Law & Health Care Newsletter

No abstract provided.

Waiting To Exhale?: Global Warming And Tax Policy, Roberta Mann

American University Law Review

This article explores the links between energy policy, tax policy and global warming. This article focuses on tax policy, because the emerging consensus among legal scholars favors economic incentives rather than command-and-control regulations for reaching environmental goals, and the Federal income tax has proved an effective delivery system for economic incentives.

After briefly discussing of the science of global warming and the provisions of the Kyoto Protocol on Climate Change, the article reviews the impact of both existing tax law and current proposals for energy legislation on global warming, as well as potential international law consequences of failure to act …

The United Nations' Response To Hiv/Aids In Africa, Erica Haber

NYLS Journal of Human Rights

No abstract provided.

Bugs In Anglo-American Products Liability, Jane Stapleton

South Carolina Law Review

No abstract provided.

Mandatory Hiv Testing Of Pregnant Women: Public Health Policy Considerations And Alternatives, Erin Nicholson

Duke Journal of Gender Law & Policy

No abstract provided.

Will The Nation Be Ready For The Next Bioterrorism Attack? Mending Gaps In The Public Health Infrastructure, Eileen Salinsky

National Health Policy Forum

This paper provides an overview of critical weaknesses in public health preparedness capabilities and discusses policy initiatives to address these shortcomings. It examines developmental needs related to communication and coordination, information systems, laboratories, the development and distribution of vaccines and other countermeasures, emergency medical preparedness and response, and the public health workforce. The paper summarizes the status of federal and state plans to respond to these developmental needs and touches on the challenges likely to emerge as these plans are implemented.

Transboundary Watersheds: Changing Environments And Streams Of Thought [Abstract], Roger S. Pulwarty, Robert Varady, Leah Stauber

Allocating and Managing Water for a Sustainable Future: Lessons from Around the World (Summer Conference, June 11-14)

2 pages.

Driving On The Center Line: Missouri Physicians’ Potential Liability To Third Persons For Failing To Warn Of Medication Side Effects, Cherie N. Wyatt

Saint Louis University Law Journal

No abstract provided.

Public Health Emergency Preparedness: Fundamentals Of The "System", Eileen Salinsky

National Health Policy Forum

This paper examines the existing public health infrastructure, with an emphasis on the resources and activities necessary for public health emergency preparedness and response. It provides a brief historical overview of the evolution of public health and contrasts public health interventions with medicine and health care services. The paper summarizes the broad range of activities that constitute public health practice today and provides a more detailed review of functions and services that are critical to emergency response capabilities. It explores the legal foundation for public health authorities, discussing constitutional, federal, and state public health law. The paper also summarizes how …

Ndls Update 04/2002, Notre Dame Law School

NDLS Update

No abstract provided.

U.S. Medical Research In The Developing World: Ignoring Nuremberg, Joanne Roman

Cornell Journal of Law and Public Policy

No abstract provided.

International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan

UF Law Faculty Publications

This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …

The Contemplative Lawyer: On The Potential Contributions Of Mindfulness Meditation To Law Students, Lawyers, And Their Clients, Leonard L. Riskin

UF Law Faculty Publications

This Article proposes that introducing mindfulness meditation into the legal profession may improve practitioners' well-being and performance and weaken the dominance of adversarial mind-sets. By enabling some lawyers to make more room for - and act from - broader and deeper perspectives, mindfulness can help lawyers provide more appropriate service (especially through better listening and negotiation) and gain more personal satisfaction from their work.

Part I of this article describes a number of problems associated with law school and law practice. Part II sets forth a variety of ways in which lawyers, law schools, and professional organizations have tried to …