Digital Commons Network^™

The Nile River: Potential For Conflict And Cooperation In The Face Of Water Degradation, Kristin Wiebe

Natural Resources Journal

No abstract provided.

Echazabal V. Chevron: A Direct Threat To Employers In The Ninth Circuit, Deborah Leigh Bender

Washington Law Review

Although Congress enacted the Americans with Disabilities Act (ADA) in part to protect disabled individuals from paternalism, the ADA permits employers to adopt a requirement that individuals not pose a direct threat to others in the workplace. The Equal Employment Opportunity Commission (EEOC) has determined that this direct threat defense also protects an employer who discharges or refuses to hire individuals who pose a direct threat to their own health or safety in the workplace. In Echazabal v. Chevron, the Ninth Circuit struck down the EEOC interpretation of direct threat on the ground that it was paternalistic and inconsistent …

Health Care, Technology And Federalism, Kevin Outterson

West Virginia Law Review

No abstract provided.

Promoting Access To Hiv/Aids Pharmaceuticals In Sub-Saharan Africa Within The Framework Of International Intellectual Property Law, Mary K. Schug

Minnesota Journal of Law & Inequality

No abstract provided.

Legal Issues In Hiv/Aids Prevention And Treatment In The Russian Federation – Summary And Conclusions Of The Boston University Hiv/Aids Project, Wendy K. Mariner

Faculty Scholarship

The Russia Federation faces an urgent need to control the spread of HIV. Although infection has been concentrated primarily among high risk groups so far, the risk that it will spread rapidly throughout the general population is growing daily. Controlling the HIV epidemic requires leadership and strategies that are somewhat different from traditional infectious disease control models because there is no vaccine yet available to prevent disease and people spread infection by engaging in activities that are hidden from public view and not susceptible to simple prohibitions.

Boston University conducted several studies as part of USAID’s HIV/AIDS Strategy to assist …

The Failure Of The Ada - Achieving Parity With Respect To Mental And Physical Health Care Coverage In The Private Employment Realm, Pamela Signorello

Cornell Journal of Law and Public Policy

No abstract provided.

The Moral Dilemmas About Trying Pinochet In Spain, Jaime Malamud Goti

University of Miami Inter-American Law Review

No abstract provided.

Public Health Law In South Africa, By Sundrasagaran Nadasen, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.

The Necessity Of Preventing Unilateral Responses To Water Scarcity-The Next Major Threat Against Mankind This Century, Leticia M. Diaz, Barry Hart Dubner

Cardozo Journal of International and Comparative Law

The article examines the legal and environmental challenges surrounding water scarcity, using the Great Lakes as a case study. It explores the tension between equitable resource utilization and sustainable development under international and regional legal frameworks. The analysis highlights the role of the International Joint Commission (IJC) in managing shared water resources and emphasizes the need for balanced approaches to address competing economic, environmental, and intergenerational concerns. The Great Lakes serve as a critical example of the complexities of managing a finite, shared resource.

Confronting Disease In A Global Arena, Lauren Z. Asher

Cardozo Journal of International and Comparative Law

The note argues that the global surge in infectious diseases necessitates the integration of human rights principles into international law to ensure effective and equitable responses to public health crises. It emphasizes the critical role of the World Health Organization (WHO) and the International Health Regulations (IHR) in addressing these challenges, while highlighting the need for stronger enforcement mechanisms, standardized funding, and universal adherence to health standards. The analysis underscores the importance of balancing public health measures with individual rights, particularly in areas such as quarantine, privacy, and mandatory treatment.

Trends. The Psycho-Politics Of Foot In Mouth On Foot In Mouth: Pigs, Sheep, Cows, Politicians On The Animal Farm, Ibpp Editor

International Bulletin of Political Psychology

This article discusses agricultural policy in the United Kingdom regarding foot and mouth disease of cloven-hoofed animals.

The Criminal Transmission Of Aids: A Critical Examination Of Missouri’S Hiv-Specific Statute, David P. Niemeier

Saint Louis University Law Journal

No abstract provided.

Golden Eggs: Towards The Rational Regulation Of Oocyte Donation, Kenneth Baum

BYU Law Review

No abstract provided.

The Role Of Law In Russian Health Reform: Report To The United States Agency For International Development, Wendy K. Mariner, Frank G. Feeley

Faculty Scholarship

True reform necessarily entails new law. In the newly independent Russian Federation, law has played a formative role in efforts to reform the health care system. Both historically and structurally, the health care system in Russia is more dependent on legal authorization than that in most Western industrialized countries. Reforms that providers might institute independently elsewhere are not likely to happen in Russia without specific laws authorizing them. Policy makers often formulate the substance of policy in the context of developing legislation, instead of drafting legislation to codify settled policy decisions. Thus, identifying and developing suitable laws has become an …

Vol. 20, No. 07 (February 23, 2001)

Indiana Law Annotated

No abstract provided.

Pig In A Poke: Missouri Draws Tenuous Line Between Public Health And Zoning Ordinances In Allowing County Regulation Of Concentrated Animal Feeding Operations. Borron V. Farrenkopf, William C. Ellis

Journal of Environmental and Sustainability Law

No abstract provided.

Environmental Justice: A Review Of State Responses, Hillary Gross, Hannah Shafsky, Kara Brown

UC Law Environmental Journal

No abstract provided.

Impact Of Livestock Animal Disease Outbreaks On International Trade: A Study Focusing On The Current Foot-And-Mouth Disease And Mad Cow Disease Crises, Carolyn A. Schwarz

ILSA Journal of International & Comparative Law

Ten years elapsed from the time the first case of Bovine Spongiform Encephalopathy (BSE), commonly referred to as "mad cow disease,"' was discovered in Great Britain, until researchers confirmed that BSE was responsible for many human deaths

Paradox On The High Seas: Evasive Standards Of Medical Care - Duty Without Standards Of Care; A Call For The International Regulation Of Maritime Healthcare Aboard Ships, 34 J. Marshall L. Rev. 751 (2001), Thomas A. Gionis

UIC Law Review

No abstract provided.

International Governance Through Trade Agreements: Patent Protection For Essential Medicines, Judy Rein

Northwestern Journal of International Law & Business

This paper examines the current conflicts surrounding the implementation of patent protection for pharmaceuticals. Part II outlines the specifics of trade agreements shaping the global intellectual property regime and the consequences for governments seeking to devise an essential drugs policy. Part III analyzes the process of obtaining consensus and compliance with patent protection rules through the negotiation and implementation of trade agreements, and the utilization of dispute settlement mechanisms. This section also examines the aggressive application of unilateral measures to induce adherence to levels of protection beyond those established at the multilateral and regional level. Part IV considers alternative approaches …

Lessons Taught By Miss Evers' Boys: The Inadequacy Of Benevolence And The Need For Legal Protection Of Human Subjects In Medical Research , Donald H.J. Hermann

Journal of Law and Health

The Tuskegee study is perhaps the most notorious example of abuse in medical research in the United States. It is significant that the project was not ended until twenty-five years after the adoption of the Nuremberg Code of 1948, the first article of which establishes its principle that human subjects should not be experimented on without their consent. Continuing concern about the ethics of medical and scientific research have been fueled by finding about other research abuse such as the radiation experiments in the 1940's and 1950's that involved subjects being injected with plutonium without their knowledge and feeding radioactive …

The Application Of Universal Human Rights Law To People With Mental Disabilities, Debra Benko, Brittany Benowitz

Human Rights Brief

No abstract provided.

Public Health Versus Civil Liberties: Washington State Imposes Hiv Surveillance And Strikes The Proper Balance, Robin Sheridan

Seattle University Law Review

The article examines the controversy surrounding the Washington HIV surveillance system in light of a long-standing conflict between public health concerns and civil liberties. 7 Part I of the article briefly describes the inception of the AIDS epidemic. Part II focuses on AIDS legislation and the justifications for surveillance. Part III discusses the tension between public health and civil liberties. Part IV describes AIDS’s social stigmatization and deterrence. Part V addresses the nature of medical information and the potential for government misuse. Part VI describes the types of HIV surveillance available and the benefits and burdens which accompany both tracking …

Statistics, Not Experts, Cass R. Sunstein, William Meadow

Articles

No abstract provided.

Book Review: Public Health Law: New Century, New Challenges, New Answers, James G. Hodge, Jr.

Health Matrix: The Journal of Law-Medicine

No abstract provided.

The Use Of Placebos In Clinical Trials: Responsible Research Or Unethical Practice?, Sharona Hoffman

Faculty Publications

Developments in medical research have been occurring at a rapidly increasing rate during the past two decades. Expanding budgets, augmented computer capabilities, and new research tools have all dramatically enhanced research technology. Accompanying the proliferation of medical research are increasing concerns about research risks. This article focuses on placebo-controlled clinical trials. The use of placebos enables clinical investigators to compare results from subjects taking an experimental intervention to results from a group that is receiving an inactive substance, such as a sugar pill, in order to determine the efficacy of the new medication. In recent years, some surgeons have also …

Rejoinder By Jim Chen, "Globalization And Its Losers": Epiphytic Economics And The Politics Of Place, Jim Chen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Freedom Fading: On Dementia, Best Interests, And Public Safety, Bruce Jennings

Georgia Law Review

Having Alzheimer's Disease does not make a person evil, but it does sometimes cause behavior that poses a danger to the person with dementia or to others. On what grounds can we justify overriding and restricting the liberty of a person with dementia? How far should such restrictions go? Who should authorize them and who should carry them out, and under what theory? Given that all behavior carries some degree of risk, what level of risk is acceptable? What should society tolerate as a part of the back- ground conditions within which most people conduct their lives? To what level …

Dismantling The Barriers To Legal Rights For Nonhuman Animals, Steven M. Wise

Animal Law Review

No abstract provided.

Child Care For Families Leaving Temporary Assistance For Needy Families, Rebecca L. Scharf, Sujatha Jagadeesh Branch, Cynthia Godsoe, Sherry Leiwant, Roslyn Powell, Cary Lacheen

Scholarly Works

Since Temporary Assistance for Needy Families (TANF) replaced the Aid to Families with Dependent Children program in 1996, the welfare rolls have decreased by more than 40 percent. While unemployment and poverty rates have declined, families who leave welfare generally earn low wages and remain below the poverty level. Because families leaving welfare are mostly single mothers with young children, child care is critical to their ability to work outside the home. Low-income parents trying to make ends meet, as well as employers of low-wage workers, emphasize the importance of appropriate, affordable child care in enabling women who leave welfare …