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Brief Amici Curiae Of Prescription Policy Choices, Professors Of Law, And Professors Of Health Policy In Support Of Petitioners On The Minimum Coverage Provision In Department Of Health & Human Services V. State Of Florida, Abigail Moncrieff, Kevin Outterson, Kyle Thomson, David Arnold, Julia Grace Mirabella, Wang Hao

Faculty Scholarship

One purpose of the individual mandate is to eliminate the market for self-insured healthcare transactions. It is well-established in this Court’s precedent that the elimination of an interstate commercial market is a constitutionally legitimate end for Congress to pursue under the Commerce Clause. Under the Necessary and Proper Clause, Congress may use any reasonably adapted means to accomplish constitutionally legitimate ends. The individual mandate is not only reasonably adapted but is quite elegant as a means of eliminating the market for self-insured healthcare transactions. The provision effectively encourages individuals to shift from the inefficient market for self-insured care to its …

Renewing Healthy Competition: Compulsory Licenses And Why Abuses Of The Trips Article 31 Standards Are Most Damaging To The United States Healthcare Industry, Jon Matthews

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

On Writ Of Certiorari To The United States Court Of Appeals For The Eleventh Circuit, Brief For Private Petitioners On Severability, National Federation Of Independent Business, Et Al., V. Kathleen Sebelius, Et Al., State Of Florida, Et Al., V. Department Of Health And Human Services, Et Al., Nos. 11-393, 11-400 (U.S. Jan. 6, 2012), Randy E. Barnett

U.S. Supreme Court Briefs

No abstract provided.

Social Enterprise: Doing Well By Doing Good, Muhammad Yunus

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

An Examination Of The Law, Or Lack Thereof, In Refugee And Displacement Camps, Kelsey Kofford

UC Law SF International Law Review

When people envision refugee and displacement camps, rarely do they conjure up images or symbols of justice. There are no courthouses, no judges, no attorney offices, and no actual law enforcement in their virtual depictions - and with good reason. In reality, there is little to no access to justice in camplife. Refugee and displacement camps are essentially lawless. This Note endeavors to answer why there is no legal infrastructure in camps by examining the rise of the camp model, the law on the books versus the law in action in camps, and some on-the-ground problems that occur and inhibit …

Incentivizing The Utilization Of Pharmacogenomics In Drug Development, Valerie Gutmann Koch

All Faculty Scholarship

Pharmacogenomics, the study and development of compounds according to how an individual’s genes affects the body’s response to drugs, holds enormous promise for increasing the safety and efficiency of drug development while decreasing adverse reactions and the trial-and-error nature of drug prescription. However, pharmacogenomics may not be the panacea for all development and prescription problems. This article explores some of the obstacles to pharmacogenomic advancement including industry reluctance to pursue research because of potentially prohibitive costs associated with developing products and legal liability concerns. The implications pharmacogenomics has for drug research and development as well as various areas of law …

Got Milk: The New Health Insurance Law And Its Requirements Securing A Mother's Right To Express Breast Milk In The Workplace, Jamie Siebrase

Louis Jackson National Student Writing Competition

No abstract provided.

Dangerous Desires, Irina Tarnovsky

Marquette Elder's Advisor

This article advocates a change to the media’s current portrayal of women. In doing so, this article advocates regulations to the kinds of advertisements which may appear in teen magazines. Currently, teen magazines feature pictures of women which are both: unnaturally thin and digitally altered to unnatural proportions. Consequently, the viewing of these advertisements encourages adolescent women to engage in dangerous behaviors associated with eating disorders.

Over seven million American women are affected by, or suffer from, an eating disorder, the majority of which are between the ages of thirteen and nineteen. Although there are a number of factors that …

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.

Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.

ILSA Journal of International & Comparative Law

"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.

“Injustice Anywhere Is A Threat To Justice Everywhere” Internal Vs. International Armed Conflicts: Should The Distinction Be Eliminated?, Laura Chafey

University of Baltimore Journal of International Law

This article discusses international humanitarian law, particularly the Geneva Conventions and its Additional Protocols. It analyzes the rights of protected persons under the Geneva Conventions, such as prisoners of war and civilians, as well as the obligations of States during armed conflicts. Furthermore, the article points out the flaws in the Geneva Conventions, such as the discrepancy between the obligations of States during an international armed conflict vs. during an internal armed conflicts. It argues that this distinction between international and internal armed conflicts should be eliminated and that States’ obligations should be the same for both conflicts.

Superweeds And Suspect Seeds: Does The Genetically-Engineered Crop Deregulation Process Put American Agriculture At Risk?, Margaret Sova Mccabe

University of Baltimore Journal of Land and Development

No abstract provided.

Unh Law Alumni Magazine, Winter 2012, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

What Is Competition?, Maurice Stucke

Book Chapters

No abstract provided.

Putting Together The Pieces: Recent Proposals To Fill In The Genetic Testing Regulatory Puzzle, Serra J. Schlanger

Annals of Health Law and Life Sciences

The idea that genetic information is different from other medical information and therefore needs special protection has led to a regulatory puzzle where genetic testing is currently regulated under three separate schemes. Although genetic tests for over 2,000 diseases are available, less than 10% of these tests have been reviewed for clinical validity or utility. Recent action by some genetic testing companies has prompted the federal government to propose changes to the current regulatory scheme. This article discusses the current framework and the recent developments before examining some of the concerns and challenges that face the implementation of these proposed …

Bankrupt Politics And The Politics Of Bankruptcy, Adam J. Levitin

Cornell Law Review

No abstract provided.

The New England Food System In 2060: Envisioning Tomorrow's Policy Through Today's Assessments, Margaret Sova Mccabe, Joanne Burke

Law Faculty Scholarship

This Essay analyzes how the New England states' planning processes are envisioning revitalized local, state, and regional food systems. This Essay has five parts. First, it begins with examining compelling reasons for promoting more sustainable food systems based on national and global trends, and identifies strategies for promoting regional food systems approaches with a brief introduction to the major influences on the national and New England food system. Second, it describes the states' planning efforts and their enabling legislation or source of authority.

The Essay then introduces the New England Food Vision 2060 (the Vision) an emerging discussion of food …

Dispatch From The Culture War: Virginia's Failed Hpv Vaccination Mandate, Rachel Reynolds

Richmond Journal of Law and the Public Interest

coverage seems to have become overshadowed. This paper will inquire into what makes Gardasil different from other vaccines, and how that impacts its administration. Part I will describe the specifics of the HPV vaccine: how it works and how Virginia decided to promote its usage. Part II will examine the ways in which jurisdictions have traditionally understood vaccination policy, and contrast it with the ways in which they have handled the HPV vaccine. Part III will examine the disadvantages of continuing the mandate's ineffective political war of attrition, and suggest a coalition-building strategy to effect policy that honors communal values …

A Racial Impact Analysis Of Hb 462, Grace E. Harris Leadership Institute, Virginia Commonwealth University, Daphne Bryan, William Randolph, Tarvaris Mccoy

L. Douglas Wilder School of Government and Public Affairs Publications

The adoption of House Bill 462 into law brings forth questions about the probable impact on the physical, mental, emotional and financial well-being of the women in Virginia. In particular, analysis of its effect on the minority and underserved female population is required. Understanding the origin of this new legislation and the thinking behind its proposal and subsequent adoption dictates an endeavor into the backgrounds and intended goals of its sponsors and supporters. Proponents of HB 462 were unresponsive to requests for an interview to expound on their perspective about the importance of the legislation. This precipitated the use of …

Children’S Rights And A Capabilities Approach: The Question Of Special Priority, Rosalind Dixon, Martha C. Nussbaum

Cornell Law Review

No abstract provided.

Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

No abstract provided.

Political Aspects Of Hunger, Evangelical Advocacy: A Response To Global Poverty

Bibliographies

Understanding political aspect of hunger guide understanding and decisions toward alleviating hunger. These resources provide insight into global aspects of hunger as well the politics of justice issues such as hunger and poverty. Economic, political and sociological factors are aspects of these resources. Political advocacy and decisions of nations impacting hunger issues are also addressed.

Back To Freedom: From Surviving To Thriving An Introduction, Ana I. Vallejo

Intercultural Human Rights Law Review

Trafficked persons, even before they are tricked, coerced or forced into domestic servitude generally come from vulnerable and/or disadvantaged groups consisting primarily, though not exclusively, of women and children. Kevin Hsu observes that historically, domestic servants and victims of domestic servitude in the United States tend to come from poor and marginalized groups, and that their day-to-day relations with their 'master' is one of "dependence and subjection, of discipline, governance, and control.".The economic relation of subordination is commonly reinforced by social or sub-cultural mores, which hold trafficked persons responsible, and even grateful to the trafficker, despite the fact that the …

Animal Research In Medical Sciences: Seeking A Convergence Of Science, Medicine, And Animal Law, John J. Pippin

Laws and Legislation Collection

As the intersection of animal law and animal research becomes congested, it is appropriate to establish the scientific context in which laws regarding the use and care of research animals will operate. There are at least three components of this context that set the terms of the debate: ethics, science, and the legal status of animals. The following discussion will not address ethics; not because it isn’t important, but because it exists along a spectrum of objective and subjective positions that are often unassailable by argument and data. I can assure you as a former animal researcher that even in …

Adolescents In Society: Their Evolving Legal Status, Introduction, Cynthia Godsoe

Faculty Scholarship

No abstract provided.

Who's Calling? Third-Party Telephone-Fundraiser Disclosure Reform, Jeffrey Graves

Colorado Technology Law Journal

No abstract provided.

Monsanto Co. V. Geerston Seed Farms: Limiting District Courts' Equitable Discretion To Grant Permanent Injunctions For Nepa Violations, Nicole E. Grimm

Journal of Business & Technology Law

No abstract provided.

The Affordable Care Act And Health Promotion: The Role Of Insurance In Defining Responsibility For Health Risks And Costs, Wendy K. Mariner

Duquesne Law Review

No abstract provided.

Informed Consent Beyond The Physician-Patient Encounter: Tort Law Implications Of Extra-Clinical Decision Support Tools, Nadia N. Sawicki

Annals of Health Law and Life Sciences

No abstract provided.

Ambush Marketing: Dissecting The Discourse, Brian Lee Pelanda

UC Law SF Communications and Entertainment Journal

This article discusses the problematic discourse in which scholars and corporate complainants such as the International Olympic Committee have discussed the issue of ambush marketing. It argues that those who persistently complain about ambush marketing have wielded the term far too liberally, and thus a great deal of confusion exists between the generally accepted definition of ambush marketing and the reality of the circumstances surrounding the numerous marketing strategies that the term is commonly used to describe. While much of the current literature on the subject concludes that the existing state of the law in the United States is not …