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Book Notes: International Law And Infectious Diseases By David P. Fidler, Oxford 1999, D. Daniel Skokol

Chicago Journal of International Law

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Technical Rubber Co. V. Buckeye Egg Farm, L.P., No. 2:99-Cv-1413, 2000 U.S. Dist. Lexis 8602 (S.D. Ohio June 16, 2000), Rebekah King

Water Law Review

No abstract provided.

No Spray Coalition, Inc., V. City Of New York, No. 00 Civ. 5395, 2000 U.S. Dist. Lexis 13919 (S.D.N.Y. Sept. 25, 2000), Lynne Stadjuhar

Water Law Review

No abstract provided.

Table Of Contents, Cjil Editors

Chicago Journal of International Law

No abstract provided.

The Name Game: Issues Surrounding New York State's Hiv Partner Notification Law, Sharron Salmon

NYLS Journal of Human Rights

No abstract provided.

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …

The Public Health Improvement Process In Alaska: Toward A Model Public Health Law, Lawrence O. Gostin, James G. Hodge Jr.

Alaska Law Review

No abstract provided.

Regulating Research With Decisionally Impaired Individuals: Are We Making Progress?, Diane E. Hoffmann, Jack Schwartz, Evan G. Derenzo

Faculty Scholarship

No abstract provided.

The Wto Panel Decision On Australia's Salmon Import Guidelines: Evidence That The Sps Agreement Can Effectively Protect Human Health Interests, Matthew D. Taylor

Washington International Law Journal

On July 19, 1999, Australia lifted its ban on salmon imports and announced new salmon import guidelines. The new guidelines were promulgated in response to a World Trade Organization ("WTO") Appellate Body determination that the import ban violated the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"). Canada challenged Australia's new import guidelines, alleging that the new guidelines also violate the SPS Agreement. The WTO dispute settlement panel held that, with the exception of only one provision, Australia's new salmon import guidelines are based on appropriate scientific risk analyses and are now in line with comparable import …

Decisions Between Consenting Adults Made In Private - No Place For The Government To Tread, Martha Rundell

Louisiana Law Review

No abstract provided.

Leveling The Playing Field Or Stacking The Deck - The Unfair Advantage Critique Of Perceived Disability Claims, Michelle A. Travis

North Carolina Law Review

No abstract provided.

Global Village, Divided World: South-North Gap And Global Health Challenges At Century's Dawn, Obijiofor Aginam

Indiana Journal of Global Legal Studies

No abstract provided.

Educating Our Future: An Analysis Of Sex Education In The Classroom, Michael J. Fucci

Brigham Young University Education and Law Journal

No abstract provided.

Of One-Legged Marathoners And Legally Blind Pilots: Disabling The Ada On A Case-By-Case Basis, Vicki J. Limas

Tulsa Law Review

No abstract provided.

Telemedicine: The Invisible Legal Barriers To The Health Care Of The Future, Heather A. Daley

Annals of Health Law and Life Sciences

Telemedicine has the potential to transform the world of health care just as the Internet transformed the world of commerce. Ms. Daly examines two legal obstacles to expanding the use of telemedicine: licensure and liability. She defines telemedicine and discusses its common applications and significant benefits. Licensure laws and liability rules result in formidable barriers to the expanded use of telemedicine, while also failing to provide sufficient protection for consumers. Ms. Daly argues that for the benefits of telemedicine to reach those most in need, mutual recognition of licensing laws coupled with a universal standard of care is necessary.

Mapping Of The Human Genome: Current Approaches To Sharing The Benefits With Developing Countries, Paige Gardner

Colorado Environmental Law Journal

No abstract provided.

Gaps In International Legal Literature What's Wrong With International Law Scholarship, Lyonette Louis-Jacques

Articles

No abstract provided.

Adolescent Autonomy: Clarifying An Ageless Conundrum, Rhonda Gay Hartman

UC Law Journal

The law governing adolescence is discordant at best, impoverished at worst. Regarded as an appendage to paternalistic policy for children, present legal rules based upon presumptive decisional incapacity produce anomalous results. Most striking, a 16-year-old may confront criminal conviction with punitive and retributive sanction, including the death penalty, but is deemed decisionally incapable to refuse debilitating life-sustaining treatment. Adolescence and its accoutrement of distinct issues has hitherto remained unexamined, until now. In this Article, Professor Hartman proposes a paradigmatic shift in thinking about adolescence that entails a legal framework predicated on decisional ability, rather than presumptive decisional incapacity. By comprehensively …

Biomedical And Behavioral Research On Juvenile Inmates: Uninformed Choices And Coerced Participation, Brian Paul Wyman

Journal of Law and Health

The question that will be addressed here is whether juvenile inmates can voluntarily give informed consent to participate in biomedical and behavioral research. Further, can juvenile inmates act voluntarily in the midst of coercion used by researchers to persuade the subjects to participate, and coercion that is inherent in the nature of being a juvenile inmate? Can consent be informed when a juvenile inmate's comprehension and understanding of what biomedical and behavioral research entails is limited by age and maturity level? Finally, even if juvenile inmates are deemed capable to give voluntary informed consent to biomedical and behavioral research, is …

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.

Discrimination Based On Hiv/Aids And Other Health Conditions: "Disability" As Defined Under Federal And State Law, David W. Webber

Journal of Health Care Law and Policy

No abstract provided.

Genetic Discrimination: Why Bragdondoes Not Ensure Protection, Laura F. Rothstein

Journal of Health Care Law and Policy

No abstract provided.

Discrimination After Death, Mark E. Wojcik

Oklahoma Law Review

No abstract provided.

Still Cloudy, With Little Chance Of Clearing: Fda's Proposed Rule On Structure/Function Claims For Dietary Supplements, Michele Simon

UC Law SF Journal on Gender and Justice

The FDA's proposed rule regarding structure/function claims for dietary supplements is intended to give consumers more information about dietary supplements. While "disease claims" are prohibited under the rule, claims that a product affects a structure or function of the body are permissible. However, the distinction between a "disease claim" and a "structure/function claim" ignores the reasons why many consumers turn to dietary supplements. Rather than dispelling confusion surrounding dietary supplements, the proposed rule will only add to it.

Beneficial And Unusual Punishment: An Argument In Support Of Prisoner Participation In Clinical Trials, Sharona Hoffman

Faculty Publications

Currently, approximately 1.8 million people are incarcerated in the United States at any given time. A disproportionately large percentage of the prisoner population has serious illnesses, such as AIDS and tuberculosis. Prisoners most often, however, are barred from participation in clinical trials, even when conventional therapy has failed, and experimental treatment might provide them with their only hope of survival.

Much of the reluctance to include prisoners in biomedical research is based on history. In the past, prisoners have been severely abused and even tortured in medical studies conducted in the Nazi death camps, Japanese prisoner camps, and correctional facilities …

Discrimination After Death, 53 Okla. L. Rev. 389 (2000), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Blood, Sweat, And Tears: Toward A New Paradigm For Protecting Donor Privacy, 7 Va. J. Soc. Pol'y & L. 141 (2000), Kevin Hopkins

UIC Law Open Access Faculty Scholarship

No abstract provided.

All Together Now: Legal Responses To The Introduction Of Aquatic Nuisance Species In Washington Through Ballast Water, Jason R. Hamilton

Washington Law Review

Aquatic nuisance species (ANS) are a substantial threat to the global environment, causing harm to ecosystems and costing U.S. industry billions of dollars per year. To combat ANS, legal regimes are being established on the international, federal, and state levels. In some western states, advocates have proposed legislation that is more stringent than the international and federal legal regimes' voluntary ballast-water-exchange regulations. This Comment argues that Washington and the United States should remain in conformity with the international legal regime and should not enact regulations calling for mandatory ballast water-exchange at this time. Instead, the U.S. Coast Guard should strengthen …

Balancing Public Health Against Individual Liberty: The Ethics Of Smoking Regulations, Thaddeus Mason Pope

Faculty Scholarship

Ten years ago, philosopher Robert E. Goodin published "No Smoking: The Ethical Issues." Goodin argued that the liberty of smokers can be justifiably limited for two reasons: to prevent harm to third persons and to prevent harm to smokers themselves under circumstances which make their decision to smoke substantially non-autonomous. In this article Thaddeus Pope reexamines the harm principle and the soft paternalism principle in light of more recent legal developments, gives them additional content, and carefully demarcates the justificatory scope of each. Pope also defines and defends a third liberty-limiting principle, hard paternalism, arguing that the liberty of smokers …

Risk Reduction In Office Workplace Encounters Between Newly-Disabled Employees And Management Of New York City Companies, Marta B. Varela

Fordham Urban Law Journal

This Article describes potential pitfalls for employers arising from the ADA protections afforded to employees with no prior record of disability returning to work after medical certification of a disability requiring accommodation. The Article describes Federal laws protecting disabled employees from unnecessary intrusion in their private lives (such as the Americans with Disabilities Act of 1990, the Family Medical Leave Act of 1993, and the Occupation Health and Safety Act of 1970) and sets out the requirements imposed on employers. The Article also describes New York City disability laws enforced by the New York City Commission on Human Rights. Finally, …