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Articles 5761 - 5790 of 10104
Full-Text Articles in Entire DC Network
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
After The Revolution: Global Health Politics In A Time Of Economic Crisis And Threatening Future Trends, David P. Fidler
Articles by Maurer Faculty
In 2008, global health’s political revolution, which unfolded over the preceding 10-15 years, ended when four global crises damaged global health and altered the political, diplomatic, and governance contexts in which global health activities operate. The climate change, energy, food, and economic crises revealed limitations in global health’s ability to shape large-scale political, economic, and environmental problems that adversely affect health or harm underlying determinants of health. In addition, projected trends in world affairs potentially threaten health and the ability of countries to craft effective collective action responses to global problems damaging health directly and indirectly. In the post-revolution period, …
Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman
Pursuing The Perfect Mother: Why America's Criminalization Of Maternal Substance Abuse Is Not The Answer- A Compartive Legal Analysis, Linda C. Fentiman
Michigan Journal of Gender & Law
In this Article the author will examine not only the substantive legal differences between the United States, Canada, and France, but will also explore how these legal rules fit within a broader social, political, and religious setting. This Article will pursue four lines of inquiry. First, it will briefly chronicle the history of criminal prosecution of pregnant women in America and show how these prosecutions have become markedly more aggressive over the last twenty years. Second, it will situate these prosecutions in the full context of American law and culture, demonstrating how the fetus has received increasing legal recognition in …
Learning Neuroscience The Hard Way: The Terri Schiavo Case And The Ethics Of Effective Representation, Robert A. Destro
Learning Neuroscience The Hard Way: The Terri Schiavo Case And The Ethics Of Effective Representation, Robert A. Destro
Scholarly Articles
Part I of this article looks at the three main "narratives" that are commonly employed to describe the Schiavo case, and it recounts the basic facts concerning Terri Schiavo's brain injury and the early, but quickly-abandoned, attempt at rehabilitation. Part II is an examination of how the demise of one of the most profoundly harmful dogmas in the history of medicine-the theory that the brain is "hard-wired" and that no amount of rehabilitation can cause the brain to rewire itself-occurred too late in the litigation for the judges or advocates in either Schiavo or Englaro to understand that Terri and …
Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson
Entitled Against None: How The Wrongly Decided Croker Island Case Perpetuates Aboriginal Dispossession, Siiri Aileen Wilson
Washington International Law Journal
Australia’s 1992 landmark case of Mabo v. The State of Queensland [No. 2] revoked the concept of terra nullius and for the first time since European colonization of the continent allowed indigenous Australians to obtain legal ownership of their traditional lands. The following year this groundbreaking decision became statutory law with the enactment of the Native Title Act (NTA) of 1993. The case law and the statutory act both failed, however, to adequately address the question of Aboriginal claims to sea properties. For many Australian Aboriginal groups, ownership of traditional lands does not abruptly end at a shoreline but extends …
Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis
Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis
Washington International Law Journal
This article argues that disability rights are a powerful lens through which to address the multiple forms of discrimination and subordination that women and children with disabilities face. A shift in the human rights paradigm that enables the different human rights treaties affecting women and children with disabilities to be implemented together, within an interlocking web of the human rights framework, will provide the necessary safeguards against multiple and cross cutting forms of discrimination against women and children with disabilities. At the same time, different social movements must come together at these points of intersection in order to create a …
Teething On Toxins: In Search Of Regulatory Solutions For Toys And Cosmetics, Rachael Rawlins
Teething On Toxins: In Search Of Regulatory Solutions For Toys And Cosmetics, Rachael Rawlins
Fordham Environmental Law Review
No abstract provided.
The Environmental Impact Of Commodity Subsides: Nepa And The Farm Bill, Jennifer Hoffpauir
The Environmental Impact Of Commodity Subsides: Nepa And The Farm Bill, Jennifer Hoffpauir
Fordham Environmental Law Review
No abstract provided.
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Rules Limiting Athletic Performance Or Prohibiting Athletic Participation For Health Reasons: Legal And Ethical Considerations, Matthew J. Mitten
Faculty Publications
This article analyzes the paradox between: 1) intercollegiate sport's objectives of maximizing athletic performance and providing athletic participation opportunities to those possessing the requisite physical ability and skills to compete successfully; and 2) National Collegiate Athletic Association rules that limit athletic performance by all student-athletes, or university requirements that prohibit individual student-athletes from participating in intercollegiate sports, for health reasons. Some student-athletes seek to maximize athletic performance by taking performance-enhancing substances, even if doing so creates potential future adverse health effects. Others may want to participate in intercollegiate sports with a physical abnormality and are willing to assume an increased …
Calling A Spade A Spade: Maternal Mortality As A Human Rights Violation, Luisa Cabal, Morgan Stoffregen
Calling A Spade A Spade: Maternal Mortality As A Human Rights Violation, Luisa Cabal, Morgan Stoffregen
Human Rights Brief
No abstract provided.
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
Maryland Journal of International Law
Socio-economic rights, first articulated in the Universal Declaration of Human Rights (UDHR) sixty years ago, are regaining currency. Legal practitioners around the world, emboldened by emerging constitutional democracies in Eastern Europe and South Africa that constitutionalized socio-economic rights, are actively seeking to enforce these rights. The UDHR "reaffirm [ed] faith in fundamental human rights, in the dignity and worth of the human person," and served as the basis for the International Covenant on Economic, Social and Cultural Rights (ICESCR). Among those rights included in the Covenant are housing, food, and healthcare.
Antagonizing Bogotá, Troy E. Elder
Antagonizing Bogotá, Troy E. Elder
University of Miami Inter-American Law Review
No abstract provided.
The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp
The Ethical Foundations Of Consumer-Driven Health Care, Marshall B. Kapp
Journal of Health Care Law and Policy
No abstract provided.
Expanding The Current Health Care Reform Debate: Making The Case For Socio-Economic Interventions For Low Income Young Adults, Namrata Kotwani, Marion Danis
Expanding The Current Health Care Reform Debate: Making The Case For Socio-Economic Interventions For Low Income Young Adults, Namrata Kotwani, Marion Danis
Journal of Health Care Law and Policy
No abstract provided.
Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz
Compelled Speech Under The Commercial Speech Doctrine: The Case Of Menu Label Laws, Jennifer L. Pomeranz
Journal of Health Care Law and Policy
No abstract provided.
Childhood Obesity: The Law's Response To The Surgeon General's Call To Action To Prevent And Decrease Overweight And Obesity, Leah Loeb
Journal of Health Care Law and Policy
No abstract provided.
Moral Skepticism And Moral Disagreement In Nietzsche, Brian Leiter
Moral Skepticism And Moral Disagreement In Nietzsche, Brian Leiter
Public Law and Legal Theory Working Papers
No abstract provided.
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Marketing Mothers' Milk: The Commodification Of Breastfeeding And The New Markets For Breast Milk And Infant Formula, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This paper explores the commodification of women and biological processes, the confusion of scientific evidence with social agendas, and the conflict between marketing and public health. I assert that key actors in the healthcare marketplace - government, businesses, and doctors – have acted to enable weak medical and scientific evidence to be manipulated by ideological and profit-making partisans in a poorly regulated market. I focus on the unique role of the medical profession, which has acted with government and the private sector to shape the markets in human milk and infant formula. In a striking parallel to the pharmaceutical industry, …
In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman
In The Name Of Fetal Protection: Why American Prosecutors Pursue Pregnant Drug Users (And Other Countries Don't), Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
For more than three decades, American prosecutors have been bringing criminal prosecutions against pregnant women based on their use of drugs while pregnant, with charges ranging from child abuse or neglect to murder. Almost all of these women are poor, and the vast majority are also women of color--many with histories of childhood sexual or physical abuse and mental disability. In all but three states-Alabama, Kentucky, and South Carolina--such prosecutions have been declared unconstitutional or the resulting convictions have been overturned. Nonetheless, prosecutions continue to be brought, in what can only be described as a crusade against pregnant women in …
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Energy Policy, Intellectual Property, And Technology Transfer To Address Climate Change, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Feeding Climate Change: Federal Food Procurement And Its Effects On Global Warming, Amanda Hungerford
Sabin Center for Climate Change Law
This paper examines the technical aspects and policy implications of each of four strategies to effectuate environmentally conscious policies in the federal government's food procurement procedures: a litigation strategy, a rulemaking strategy, a NEPA strategy, and a legislative strategy.
Parents Should Not Be Legally Liable For Refusing To Vaccinate Their Children, Jay Gordon
Parents Should Not Be Legally Liable For Refusing To Vaccinate Their Children, Jay Gordon
Michigan Law Review First Impressions
Should a parent who takes advantage of a personal belief exemption to avoid vaccinating a child be held liable if that child infects other people? No, because there are valid medical reasons for choosing this exemption and tracing direct transmission of these illnesses from an unvaccinated child to another person is virtually impossible.
Tibet Under Chinese Rule, Dina Buck
Tibet Under Chinese Rule, Dina Buck
Human Rights & Human Welfare
The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.
Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu
Incompatible Theories: Natural Law And Substantive Due Process, Mattei Ion Radu
Villanova Law Review (1956 - )
No abstract provided.
Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.
Wolves In The Crosshairs: A Scientific Case Against The Final Rule Of The U.S. Fish And Wildlife Service Removing Northern Rocky Mountain Gray Wolves From The Endangered Species List, Valerie Bittner Esq.
UC Law Environmental Journal
No abstract provided.
Beyond Collapse: Reclaiming Rationality And Scientific Method From The Global Disorder, Mcmurtry
Beyond Collapse: Reclaiming Rationality And Scientific Method From The Global Disorder, Mcmurtry
Societies Without Borders
This analysis explains why the currently instituted value-sets of “rationality” and “scientific method” select for unforeseen consequences of economic, social and ecological system collapse. Laying bare the era's unifying paradigm of “rational choice” across theory (e.g., game theory, contractarianism, prisoner's dilemma) and practice (global business, geostrategic analysis, armed war and mass-media sport), the analysis exposes the systematic disconnection of rationality and its lead vector of scientific method from the needs and capacities of life-systems. Only if rational and scientific standards are grounded in life-enabling purpose and means consistent with it, the argument shows, can they be made coherent with life …
Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish
Making All The Children Above Average: Ethical And Regulatory Concerns For Pediatricians In Pediatric Enhancement Research, Jessica W. Berg, Maxwell J. Mehlman, Daniel B. Rubin, Eric Kodish
Faculty Publications
Building on the knowledge generated by the long history of disease-oriented research, the next few decades will witness an explosion of biomedical enhancements to make people faster, stronger, smarter, less forgetful, happier, prettier, and live longer. Growing interest in pediatric enhancements is likely to stimulate the conduct of enhancement research involving children. However, guidelines for the protection of human subjects were developed for investigations of therapeutic modalities. To date, virtually no attention has been paid to whether these rules would be appropriate for investigations to establish the safety and efficacy of technologies intended for enhancement rather than therapeutic uses and, …
Kwazulu-Natal Department Of Health Policy And Guidelines For Integrated Ante And Postnatal Care At District Hospital Community Health Centre And Clinic Level, Population Council
Kwazulu-Natal Department Of Health Policy And Guidelines For Integrated Ante And Postnatal Care At District Hospital Community Health Centre And Clinic Level, Population Council
Reproductive Health
A 2006 baseline survey conducted by CARE Kenya indicated that sexual and gender-based violence (SGBV) is widespread throughout Kenya’s North Eastern Province. Other findings revealed that high levels of stigma and gender imbalances are associated with sexual violence and female genital mutilation (FGM) and that a coordinated approach to responding to the service needs of survivors is missing. As noted in this report, there is limited awareness of the legal mechanisms available to survivors. The Population Council’s study in Wajir District ascertained the need for and possible components of an integrated and comprehensive services model that could meet the needs …
Cognitive Theory And The Delivery Of Welfare Benefits, Marjorie E. Kornhauser
Cognitive Theory And The Delivery Of Welfare Benefits, Marjorie E. Kornhauser
Loyola University Chicago Law Journal
No abstract provided.
Smith\'S Food And Drug, Inc. V. Utah Labor Commission : Brief Of Appellant, Utah Court Of Appeals
Smith\'S Food And Drug, Inc. V. Utah Labor Commission : Brief Of Appellant, Utah Court Of Appeals
Utah Court of Appeals Briefs (2007– 2019)
Appeal from the Utah Labor Commission
Decent Society Index: A Research Note, Judith, Jenniffer Santos, Chelsea Sessoms
Decent Society Index: A Research Note, Judith, Jenniffer Santos, Chelsea Sessoms
Societies Without Borders
People everywhere are discovering that their own views about a decent society are widely shared around the world. The Universal Declaration of Human Rights already made this clear in 1948 by referring to “a common understanding” of rights and freedoms and a “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family.” A challenge for social scientists is to develop dimensions for an index that measures variation in the extent to which societies are decent. Such an index would be useful in research for comparative and analytical purposes, and it could …