Digital Commons Network^™

Whatever Happened To Anti-Semitism - How Social Science Theories Identify Discrimination And Promote Coalitions Between Different Minorities, Clark Freshman

Cornell Law Review

No abstract provided.

From The Bench, Gary S. Stein

Seton Hall Law Review

No abstract provided.

Ricky Lee Sanders V. Michael O. Leavitt : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN ORDER OF THE THIRD DISTRICT COURT, JUDGE HOMER F. WILKINSON

Is Hiv Disability Under The Americans With Disabilities Act: Unanswered Questions After Bragdon V. Abbott, Connie Mayer

Journal of Law and Health

Prior to the passage of the ADA in 1990, the term "individual with a handicap" had been clearly established under federal disability laws to include all people with HIV. Every reported decision under the Rehabilitation Act and the Fair Housing Amendment Act had determined that asymptomatic HIV was protected as a per se disability. Prior to 1997, only a few Courts had faced the issue of whether a plaintiff with asymptomatic HIV was disabled under the ADA. In 1997, the Fourth and First Circuit Courts of Appeal decided cases in direct conflict with one another, opening the door for the …

More Hippocrates, Less Hypocrisy: Early Offers As A Means Of Implementing The Institute Of Medicine's Recommendations On Malpractice Law, Jeffrey O'Connell, Patrick B. Bryan

Journal of Law and Health

To remove the fear of personal liability from individual health care workers and eliminate the incentive to hide errors rather than report them, the IOM acknowledges that tort reform of some sort is also needed. Since the IOM calls for shifting attention away from the faults of individual care providers to the defects of the system itself, the current tort system's "blame culture" is itself blamed by the IOM for providing an impediment to improving the safety of patients by deterring physicians from reporting their own errors in the first place. However, the IOM's To Err is Human does not …

Sorenson's Ranch School And Shaun Sorenson V. Reta D. Oram, Director, State Of Utah, Department Of Human Services, Office Of Licensing : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

APPEAL FROM AN ORDER DENYING SUMMARY JUDGMENT ENTERED IN THE SIXTH DISTRICT COURT IN AND FOR SEVIER COUNTY, STATE OF UTAH, THE HONORABLE DAVID L. MOWER PRESIDING

Adjudicating Disappearance Cases In Turkey: An Argument For Adopting The Inter-American Court Of Human Rights' Approach, Irum Taqi

Fordham International Law Journal

This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention") and in the American Conventions on Human Rights ("American Convention"). Finally, Part I examines the Inter-American Court's approach to assessing state responsibility for disappearances in the Velasquez Rodriguez …

Seeking Sovereignty: The Akaka Bill And The Case For The Inclusion Of Hawaiians In Federal Native American Policy, Annmarie M. Liermann

Santa Clara Law Review

No abstract provided.

Social Risk And The Transformation Of Public Health Law: Lessons From The Plague Years, Elizabeth B. Cooper

Faculty Scholarship

Acquired Immune Deficiency Syndrome (AIDS) was the wake-up call that disturbed America from its mid-twentieth century slumber concerning the dangers of communicable diseases. Until AIDS was identified in 1981, most Americans felt largely impervious to health threats posed by viruses or bacteria. Polio, smallpox, and tuberculosis had been brought under control by the "magic bullets" of antibiotics and vaccines." We felt more susceptible to the ravages of cancer or the debilitation of heart disease. But, over the last twenty years, the (re)emergence of serious or life-threatening microbial- based conditions such as Ebola, hantavirus, Lyme disease, West Nile virus, and even …

Ricky Lee Sanders V. Michael O. Leavitt : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (2000–2020)

APPEAL FROM AN ORDER OF THE THIRD DISTRICT COURT, JUDGE HOMER F. WILKINSON

Symposium: Advances In Biomaterials And Devices, And Their Financing, Ronald A. Cass, Michael S. Baram, Steven Bauer, Joyce Wong, Martin Yarmush, Joshua Tolkoff, Rufus King

Faculty Scholarship

My name is Professor Michael Baram and I direct the Center for Law and Technology here at the law school. Today's meeting is the third annual Technology Law Symposium to be held here, sponsored by the high technology law firm of Testa, Hurwitz & Thibeault, LLP and the Center for Law and Technology.

Our meeting today is focused on an exciting area of research and product development. This area involves the use of conventional as well as new genetically engineered biomaterials in new medical device configurations for implantation and with the purpose of restoring bodily functions, regenerating tissue, bone, cartilage, …

Symposium: Regulatory And Liability Considerations, Michael S. Baram, Ellen Flannery, Patricia Davis, Gary Marchant

Faculty Scholarship

You can tell from remarks by prior speakers that regulatory approvals and liability prevention are of critical importance to progress in biomaterials. Gene therapy trials and the tragic outcomes of some of those trials have raised the specter of government suspension of clinical studies, termination of funding, and potential liability for personal injury under malpractice or products liability doctrines. Regulatory requirements and the terms of research grants and contracts have to be very carefully addressed by organizations testing, developing, making, selling and using biomaterials, biotechnology, and medical devices. However, many regulatory requirements are incomplete, ambiguous and confusing because the agencies …

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

Georgetown Law Faculty Publications and Other Works

In this Article, we examine the disability definition "problem" from the standpoint of HIV infection, specifically HIV infection in its "asymptomatic" phase . . . We begin by summarizing the need for federal nondiscrimination standards offering protection for individuals with HIV. We then provide a brief discussion of the definition of disability under the resulting legislation, the Americans with Disabilities Act of 1990 (ADA). We summarize the early judicial and administrative views of the ADA as protecting individuals with HIV. We next turn to judicial interpretation of the ADA in cases in which that understanding has been disputed, including, most …

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

Georgetown Law Faculty Publications and Other Works

In this Article, we present the findings of our study on the improvement of public health law in Alaska. We examine and analyze the public health laws supporting the state's public health system. The fact that Alaska has attained statehood comparatively recently, and has a governing structure involving state, municipal, rural, and tribal entities presents unique opportunities for the State to improve its public health system and its supporting legal infrastructure

Whatever Happened To Anti-Semitism? How Social Science Theories Identify Discrimination And Promote Coalitions Between "Different" Minorities, Clark Freshman

Faculty Scholarship

No abstract provided.

A One Shot Deal: The National Childhood Vaccine Injury Act, Elizabeth A. Breen

William & Mary Law Review

No abstract provided.

The Public Stake In Biomedical Research: A Policy Perspective, Karen Matherlee

National Health Policy Forum

An introduction to a Forum series on biomedical research policy issues, this paper provides background on the organization and structure of both public and private research entities. It outlines the federal components, from the National Institutes of Health (NIH) to the Department of Veterans Affairs. It also looks at the rapid growth in pharmaceutical, biotechnology, and medical device research and development and the varying responses from managed care plans, practice-based research networks, and contract research organizations. After laying out various tensions in the field, such as competition among disease-oriented advocates, alignment of different priorities, allocation of dollars between basic and …

Vol. 17, No. 09 (October 25, 1999)

Indiana Law Annotated

No abstract provided.

Site Visit To Baltimore And Fort Detrick, Maryland — Preparing For A Bioterrorist Incident: Linking The Public Health And Medical Communities, Robin J. Strongin

National Health Policy Forum

As follow-up to the NHPF's February 1999 session entitled "Biological Terrorism: Is the Health Care Community Prepared?" the Forum organized a site visit on October 4 and 5, 1999, to Baltimore and Fort Detrick, Maryland. The site visit provided federal congressional and agency staff with the opportunity to learn first-hand how one local area is preparing for the possibility of a bioterrorist incident. Several themes were stressed throughout the two days, including the following: distinguishing bioterrorism from chemical terrorism, understanding the relationships between various agencies and institutions and their related funding streams, determining how the federal government can …

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

Neither Science Nor Shamans: Globalization Of Markets And Health In The Developing World, David Fidler

Indiana Journal of Global Legal Studies

No abstract provided.

Vol. 17, No. 02 (September 6, 1999)

Indiana Law Annotated

No abstract provided.

Legalization Of The Birth Control Pill In Japan Will Reduce Reliance On Abortion As The Primary Method Of Birth Control, Evy F. Mcelmeel

Washington International Law Journal

The United Nations has decreed that access to a variety of methods of birth control is a basic human right, that prevention of pregnancy, not termination, is the goal of birth control, and that abortion is an unacceptable method of birth control. Until recently, condoms and the rhythm method were the only legal forms of contraception in Japan. The high failure rates of these methods, coupled with access to abortion on demand, made abortion the de facto primary method of birth control in Japan. The Japanese government's recent decision to end the ban on oral contraceptives will reduce the number …

Vol. 17, No. 01 (August 30, 1999)

Indiana Law Annotated

No abstract provided.

Cloning And The Preservation Of Family Integrity, David Orentlicher

Louisiana Law Review

No abstract provided.

International Control Of Cholera: An Environmental Perspective To Infectious Disease Control, Julia A. Jones

Indiana Law Journal

No abstract provided.

When The Environment Is Other People: An Essay On Science, Culture, And The Authoritative Allocation Of Values, Barry Sullivan

Notre Dame Law Review

No abstract provided.

Shaping Responsible Behavior: Lessons From The Aids Front, Harlon L. Dalton

Washington and Lee Law Review

No abstract provided.

On Being A Happy, Healthy, And Ethical Member Of An Unhappy, Unhealthy, And Unethical Profession, Patrick J. Schiltz

Vanderbilt Law Review

Dear Law Student: I have good news and bad news. The bad news is that the profession that you are about to enter is one of the most unhappy and unhealthy on the face of the earth--and, in the view of many, one of the most unethical. The good news is that you can join this profession and still be happy, healthy, and ethical. I am writing to tell you how. I. THE WELL-BEING OF LAWYERS Lawyers play an enormously important role in our society. "It is the lawyers who run our civilization for us-our governments, our business, our private …

Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot

Indiana Journal of Global Legal Studies

No abstract provided.