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A New Feudalism: Selfish Genes, Great Wealth, And The Rise Of The Dynastic Family Trust (Dft), Eric Kades Jan 2022

A New Feudalism: Selfish Genes, Great Wealth, And The Rise Of The Dynastic Family Trust (Dft), Eric Kades

Connecticut Law Review

Today’s record levels of economic inequality are infecting our future as the top 0.01% bequeath vast wealth to their descendants. With the death of the Rule Against Perpetuities (RAP), this inequality has the potential to harden social class lines—not just for a generation or two, but forever. Although it may sound implausible, interviews with estate lawyers serving very high-net-worth clients reveal that some members of the wealthiest tier of testators are already exploiting the RAP’s elimination, along with a tax loophole, to establish dynasty trusts that will financially empower their bloodline as long as it continues. Recent work in evolutionary …


Compulsory Licensing Of Patents During Pandemics, Sapna Kumar Jan 2022

Compulsory Licensing Of Patents During Pandemics, Sapna Kumar

Connecticut Law Review

Wealthy countries with major pharmaceutical industries have historically supported strong patent rights and opposed temporarily abrogating them—even to save lives. However, as drug shortages have become commonplace due to COVID-19, governments have begun reassessing their views. The European Union and various countries have issued new policies and passed legislation facilitating their ability to provide drugs to their citizens for the duration of the pandemic. They have signaled a willingness to do so through “compulsory licensing,” in which the government issues a license to a third party to produce a patented invention without the patent holder’s permission and pays the patent …


Covid-19, Visitation And Spiritual Care: Responding To The Silent Suffering Of The Isolated In Times Of Crisis, Lucia A. Silecchia Jan 2022

Covid-19, Visitation And Spiritual Care: Responding To The Silent Suffering Of The Isolated In Times Of Crisis, Lucia A. Silecchia

Scholarly Articles

No abstract provided.


Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker Jan 2022

Endogenous, Exogenous And Existential Risk-New Global Solutions, G. A. Walker

The International Lawyer

No abstract provided.


Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du Jan 2022

Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Ming Du

Emory International Law Review

No abstract provided.


Locked Up And Locked Down In The Land Of Free: A Look At The United States' Prisons And Covid-19'S Disproportionate Effect On Black Americans' Right To Health, Zachary Parrish Jan 2022

Locked Up And Locked Down In The Land Of Free: A Look At The United States' Prisons And Covid-19'S Disproportionate Effect On Black Americans' Right To Health, Zachary Parrish

American University International Law Review

The United States is infamous for having a large percentage of its population in prison. Each year since 2002, the United States has reported a higher incarceration rate than any other country in the world. Another unfortunate but widely prevalent issue that the United States has is systemic racism. The combination of the United States’ struggles with systemic racism and mass incarceration makes for a disproportionately devastating impact on Black Americans. As a result, Black Americans make up a disproportionate amount of the prisoners that fill American prisons.


Brazil’S Violence Against Indigenous Peoples, Andre Taylor Jan 2022

Brazil’S Violence Against Indigenous Peoples, Andre Taylor

Human Rights Brief

Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.


Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla Jan 2022

Emotional Distress Recovery For Mishandling Of Human Remains: A Fifty State Survey, Christopher Ogolla

Faculty Scholarship

No abstract provided.


When Not To Ask: A Defense Of Choice-Masking Nudges In Medical Research, Susanna Mcgrew, Sarah Raskoff, Benjamin E. Berkman Jan 2022

When Not To Ask: A Defense Of Choice-Masking Nudges In Medical Research, Susanna Mcgrew, Sarah Raskoff, Benjamin E. Berkman

Journal of Health Care Law and Policy

No abstract provided.


Navigating Legalities In Crisis Standards Of Care, James G. Hodge Jr., Jennifer L. Piatt, Rebecca Freed Jan 2022

Navigating Legalities In Crisis Standards Of Care, James G. Hodge Jr., Jennifer L. Piatt, Rebecca Freed

Journal of Health Care Law and Policy

No abstract provided.


Atkins V. Parker: Maximizing Treatments In A "Cruel World" Of Limited Resources Or Minimizing Constitutional Rights, Emily Mcgowan Jan 2022

Atkins V. Parker: Maximizing Treatments In A "Cruel World" Of Limited Resources Or Minimizing Constitutional Rights, Emily Mcgowan

Journal of Health Care Law and Policy

No abstract provided.


Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome Jan 2022

Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome

American University International Law Review

After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).


The Potential Beneficial Effects Of Vaccination On Antigenically Evolving Pathogens, Frank Wen, Anup Malani, Sarah Cobey Jan 2022

The Potential Beneficial Effects Of Vaccination On Antigenically Evolving Pathogens, Frank Wen, Anup Malani, Sarah Cobey

Articles

No abstract provided.


Constitutional Challenges To Public Health Orders In Federal Courts During The Covid-19 Pandemic, Kenny Mok, Eric A. Posner Jan 2022

Constitutional Challenges To Public Health Orders In Federal Courts During The Covid-19 Pandemic, Kenny Mok, Eric A. Posner

Articles

We examine federal judicial cases involving nonreligious civil-liberties challenges to COVID-19-related public health orders from the start of the pandemic in early 2020 to January 27, 2022. Consistent with the tradition of judicial deference toward states during emergencies, we find a high level of success for governments. However, governments did lose in 14.2% of the cases, and in those losses, there is evidence of partisan or ideological influence. Republican-appointed judges were more likely to rule in favor of challengers who brought claims based on gun rights and property rights, while Democratic- appointed judges were more likely to rule in favor …


Compulsory Licensing Of Trade Secrets: Illegality Under International And Domestic Laws, Eric M. Solovy, Deepak Raju Jan 2022

Compulsory Licensing Of Trade Secrets: Illegality Under International And Domestic Laws, Eric M. Solovy, Deepak Raju

The International Lawyer

No abstract provided.


Masking Free Speech: The First Amendment Implications Of Masks, Clothing, And Public Health, Roy S. Gutterman Jan 2022

Masking Free Speech: The First Amendment Implications Of Masks, Clothing, And Public Health, Roy S. Gutterman

Loyola University Chicago Law Journal

Regulations mandating the wearing of face coverings to prevent the spread of COVID-19 have encountered resistance on a variety of grounds. This article analyzes the constitutional status of mask requirements from a free-speech perspective, differentiating between the issue of written words or logos on a mask as a form of speech, and the ability to keep one’s face uncovered as a speech right in itself. It examines the similarities and distinctions between challenges to mask mandates and other First Amendment objections to government restrictions related to clothing (or the lack thereof)—from public nudity prohibitions, to motorcycle helmet laws, to regulations …


Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin Jan 2022

Women, Peace, And Security: A Human Rights Agenda?, Christine M. Chinkin

Book Chapters

The Women, Peace and Security (WPS) agenda emanates from the ground-breaking Security Council Resolution 1325 (2000) which centres upon bringing women’s experiences of armed conflict into decision and policymaking in the exercise of the Council’s primary responsibility for the maintenance of international peace and security. The chapter asks whether, despite its location within the Security Council, WPS can be understood as an international human rights agenda as envisaged by women activists who lobbied for the adoption of Resolution 1325. It traces the antecedents of WPS through women’s peace and human rights activism throughout the twentieth century. It examines the texts …


The Natural Law Ethics Of Public Health Lockdowns, Eric C. Ip Jan 2022

The Natural Law Ethics Of Public Health Lockdowns, Eric C. Ip

Notre Dame Journal of Law, Ethics & Public Policy

No abstract provided.


Pursuing Climate Justice: Learning The Lessons Of The Covid-19 Response, Lance Gable Jan 2022

Pursuing Climate Justice: Learning The Lessons Of The Covid-19 Response, Lance Gable

Saint Louis University Journal of Health Law & Policy

The COVID-19 pandemic and the climate crisis have many parallels. Both are large disruptive events that pose foundational threats to humanity through the capacity to cause substantial harm and death to humans. Both pose complex and multifaceted challenges perpetuated by multiple factors that are difficult to interrupt or mitigate. Both are subject to evolving scientific understandings of their underlying causes and potential interventions. Both are novel challenges not previously faced by most humans alive today that comprise potential threats to human society over an extended time period. These similarities allow scholars and policymakers to extrapolate and understand how the responses …


Making Rights Meaningful: Advocating For Simple Changes In Federal Agency Practice To Promote Health Equity, Mary Quandt Jan 2022

Making Rights Meaningful: Advocating For Simple Changes In Federal Agency Practice To Promote Health Equity, Mary Quandt

Saint Louis University Journal of Health Law & Policy

Despite federal protections afforded by Title VI of the Civil Rights Act and Section 1557 of the Affordable Care Act, Americans still experience prohibited discrimination in health care on the basis of race, color, and national origin. The Department of Health and Human Services’ Office for Civil Rights (“HHS OCR”) investigates complaints and enforces protections when alleged discrimination occurs in health care covered entities receiving federal funding. The legal analyses produced in these investigations can be valuable tools for covered entities to utilize in their efforts to remain in compliance with civil rights laws, yet few are ever made public …


Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor Jan 2022

Hiv No Longer A Death Sentence But Still A Life Sentence: The Constitutionality Of Hiv Criminalization Under The Eighth Amendment, Lauren Taylor

Georgia Law Review

When the HIV/AIDS epidemic began in the 1980s in the United States, there was mass confusion and hysteria regarding HIV transmission and prevention, leading many states to enact HIV criminalization statutes to prosecute persons living with HIV who either exposed another person to HIV or put someone in danger of being exposed to HIV. Yet, almost forty years later, these statutes are still used to criminalize and control the behaviors of people living with HIV, and in some cases, impose lengthy prison sentences hinging on the possibility of exposure. These HIV criminalization statutes and subsequent criminal cases often do not …


Nfib V. Osha: A Unified Separation Of Powers Doctrine And Chevron's No Show, Randolph J. May, Andrew K. Magloughlin Jan 2022

Nfib V. Osha: A Unified Separation Of Powers Doctrine And Chevron's No Show, Randolph J. May, Andrew K. Magloughlin

South Carolina Law Review

No abstract provided.


Vaccine Passports And The Right To Exclude: How The Court’S Holding In Cedar Point Nursery V. Hassid Could Light Fire To The Debate On The Constitutionality Of Vaccine Passport Requirements And Bans, John A. Kuzora Jan 2022

Vaccine Passports And The Right To Exclude: How The Court’S Holding In Cedar Point Nursery V. Hassid Could Light Fire To The Debate On The Constitutionality Of Vaccine Passport Requirements And Bans, John A. Kuzora

Campbell Law Review

The COVID-19 pandemic gave America its biggest health crisis in the last one hundred years. In efforts to resolve this crisis, several state governments have issued various types of public health measures. Three of these measures are Vaccine Mandates, Vaccine Passport Requirements, and Vaccine Passport Bans. This Comment explores the legality of these three public health measures through the unique lens of the Fifth Amendment Takings Clause. Specifically, this Comment focuses on how both Vaccine Passport Requirements and Bans infringe on property owners’ rights to include and exclude unvaccinated patrons. This, in turn, results in a physical taking under the …


The Third Amendment In 2020, Michael L. Smith Jan 2022

The Third Amendment In 2020, Michael L. Smith

Faculty Articles

Compared with other Amendments in the Bill of Rights, the Third Amendment does not get much attention. Its prohibition on the quartering of soldiers in houses during peacetime, along with its prohibition on similar quartering during times of war absent legal prescription, is rarely the subject of litigation or scholarship. Indeed, most people—and likely most attorneys—probably cannot tell you what the Third Amendment covers if put on the spot. This Article aims to fix this by giving the Third Amendment the respect that one of the Constitution's original amendments deserves. This Article surveys and analyzes caselaw, scholarship, and popular media …


Covid And Consequences: How The Pandemic Changed Contract Interpretation And Litigation, Glenn Lutzky Jan 2022

Covid And Consequences: How The Pandemic Changed Contract Interpretation And Litigation, Glenn Lutzky

Saint Louis University Law Journal

No abstract provided.


Fostering Production Of Pharmaceutical Products In Developing Countries, William Fisher, Ruth L. Okediji, Padmashree Gehl Sampath Jan 2022

Fostering Production Of Pharmaceutical Products In Developing Countries, William Fisher, Ruth L. Okediji, Padmashree Gehl Sampath

Michigan Journal of International Law

The ways in which pharmaceutical products are currently developed, manufactured, and distributed fail to meet the needs of developing countries. The recent emergence of new infectious diseases, the associated surge of healthcare nationalism, and the prevalence of substandard and falsified drugs have strengthened substantially the net benefits of augmenting the capacity of developing countries to produce such products locally. Most previous efforts to do so have foundered. The chance of success in the future would be maximized by the adoption of five strategies : (a) clarifying the zones of discretion created by the relevant treaties to ensure that local firms …


Not So Private, Stacey A. Tovino Jan 2022

Not So Private, Stacey A. Tovino

Faculty Articles

Federal and state laws have long attempted to strike a balance between protecting patient privacy and health information confidentiality on the one hand and supporting important uses and disclosures of health information on the other. To this end, many health laws restrict the use and disclosure of identifiable health data but support the use and disclosure of de-identified data. The goal of health data de-identification is to prevent or minimize informational injuries to identifiable data subjects while allowing the production of aggregate statistics that can be used for biomedical and behavioral research, public health initiatives, informed health care decision making, …


The Next Pandemic Might Be A Petdemic, Hillary Greene Jan 2022

The Next Pandemic Might Be A Petdemic, Hillary Greene

Indiana Law Journal

A new scientific study shows that COVID-19 can be transmitted from cats to humans. Luckily, this channel of transmission seems extremely rare, at least thus far. But next time—and there will be a next time—we may not be so fortunate. This Article addresses this underappreciated risk of what I term a “petdemic”—a pandemic or epidemic that involves significant disease transmission between pets and humans. With nearly 70% of U.S. households owning pets, a petdemic could be catastrophic. One of our go-to responses for even perceived petdemics, honed over the last century, is to slaughter our pets. This pioneering Article proposes …


The Covid-19 Vaccine: A Spotlight On Distribution Challenges, Erica Gray Jan 2022

The Covid-19 Vaccine: A Spotlight On Distribution Challenges, Erica Gray

Notre Dame Journal of International & Comparative Law

No abstract provided.


Reducing Barriers To Accessing Administrative Data On Sars-Cov-2 Vaccination For Research, Andrew Mcrae, Patrick Archambault, Patrick Fok, Hana Wiemer, Laurie Morrison, Matthew Herder Jan 2022

Reducing Barriers To Accessing Administrative Data On Sars-Cov-2 Vaccination For Research, Andrew Mcrae, Patrick Archambault, Patrick Fok, Hana Wiemer, Laurie Morrison, Matthew Herder

Articles, Book Chapters, & Popular Press

Public trust in scientific research, especially research regarding vaccines, has proven fragile during the COVID-19 pandemic. To counter abundant misinformation about SARS-CoV-2 vaccines, rigorous, ongoing evaluations of vaccine safety and effectiveness by independent Canadian researchers are important. However, researchers' efforts to conduct timely, national studies of vaccine effectiveness have been hindered by barriers to data sharing that have made it difficult to integrate patients' vaccination status into SARS-CoV-2 clinical and epidemiological studies. Here, McRae et al discuss how a risk-averse data-sharing culture has led to missed opportunities to conduct robust, timely, pan-Canadian SARS-CoV-2 clinical and vaccine effectiveness studies, and outline …