Digital Commons Network^™

Who Should Determine What Is Best For Children In State Custody Who Object To Psychotropic Medication?, Stephen A. Talmadge

Annals of Health Law and Life Sciences

This article explores a child's right to refuse medical treatment, in contrast to giving the state or the parents this choice. The article specifically explores a child's right to refuse psychotropic drugs, which are more limiting of personal liberty than physical restraints and can have long-lasting side effects. With a focus on children's competence and the significant side effects of psychotropic drugs, the author concludes that caseworkers do not know the best interests of children in state custody and thus adolescents should be allowed to make their own decisions about psychotropic medications.

Is Obesity Really The Next Tobacco? Lessons Learned From Tobacco For Obesity Litigation, Brooke Courtney

Annals of Health Law and Life Sciences

This article draws important lessons from the history of tobacco litigation that can be applied to the current obesity problem in the United States. The author's close analysis of potential issues surrounding the obesity problem in this country yields the conclusion that litigation alone may not be the best answer. Her article offers a compelling perspective on the history of tobacco litigation, a thorough analysis of the issues surrounding the obesity problem and several potential perspectives on dealing with the situation at hand.

An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder

Michigan Journal of International Law

This Comment examines the compatibility of the Stockholm Convention on Persistent Organic Pollutants with parties' WTO obligations under the GATT Agreement. The Stockholm Convention represents a broad-based attempt to regulate persistent organic pollutants (POPs), some of the most damaging chemicals to the environment and human health. The commitments that parties to the Stockholm Convention have undertaken to control POPs may implicate international trade commitments. Hopefully the discussion in this Comment may also be relevant to other multilateral environmental agreements (MEAs), especially those involving trade measures.

Chapter 304: Broadening The Scope Of Alternative And Complementary Medicine To Include Treatment Of Persistent Lyme Disease, Justin J. Simpson

McGeorge Law Review

No abstract provided.

Santa Clara Magazine, Volume 48 Number 3, Winter 2006, Santa Clara University

Santa Clara Magazine

8 - WELCOME HOME, STEVE By Steven Boyd Saum. Basketball superstar Steve Nash '96 comes home to Santa Clara for a unique honor: a ceremony retiring his Bronco jersey. In a convocation address, he tells how Santa Clara changed his life. Now he wants the University to take its mission global.

12 - THE SCHOOL OF HOPE By Martha Ellen Stortz. Scholar and teacher Bill Spohn earned deep affection and the respect of the Santa Clara community in his years directing the Bannan Center for Jesuit Education. When he was stricken with cancer, he and his wife, Marty Stortz, looked …

Substituted Judgment: Does Pennsylvania Law Provide An Appropriate Standard For Withdrawal Of Life Support In Non-Terminal Patients?, Patrick Reilly

Duquesne Law Review

No abstract provided.

Women And Microfinance: Why We Should Do More, Elissa Mccarter

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Deceptive Claims For Prepaid Telephone Cards And The Need For Regulation, Mark E. Budnitz, Martina Rojo, Julia Marlowe

Loyola Consumer Law Review

No abstract provided.

Aspirational Principles Or Enforceable Rights? The Future For Socio-Economic Rights In National Law, Ellen Wiles

American University International Law Review

No abstract provided.

In Defense Of The Constitutional Court: Litigating Socio-Economic Rights And The Myth Of The Minimum Core, Karin Lehmann

American University International Law Review

No abstract provided.

Baseball Bats In The High Tech Era: A Products Liability Look At New Technology, Aluminum Bats, And Manufacturer Liability, Matthew R. Wilmot

Marquette Sports Law Review

No abstract provided.

Does Ballet Discipline Require More Than Market Discipline? - A Proposal For State Licensing Of Ballet Instructors And Schools, Vanina Wilson, Dennis Wilson

Loyola Consumer Law Review

No abstract provided.

Infringement Lawsuits: The Continuing Battle Between Patent Law And Antitrust Law In The Pharmaceutical Industry, Lisa M. Natter

Loyola Consumer Law Review

No abstract provided.

Guarding Against The High Risk Of High Deductible Health Plans: A Proposal For Regulatory Protections, Michele Melden

Loyola Consumer Law Review

No abstract provided.

Court Turns Lights Out On "Light" Cigarette Packaging, Jeremy Lamarche

Loyola Consumer Law Review

No abstract provided.

Legislative Updates, Daniel Raposa

The Modern American

No abstract provided.

Can Systems Analysis Help Us To Understand C.O.B.R.A.?: A Challenge To Employment-Based Health Insurance, 39 J. Marshall L. Rev. 753 (2006), Alison Mcmorran Sulentic

UIC Law Review

No abstract provided.

Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg

Northwestern Journal of International Law & Business

In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between Abbott and Brazil …

Employing Health Rights For Global Justice: The Promise Of Public Health In Response To The Insalubrious Ramifications Of Globalization , Benjamin Mason Meier

Cornell International Law Journal

No abstract provided.

Of Gardens And Streets: A Differentiated Model Of Property In International And National Space Law, Kali Murray

Faculty Publications

No abstract provided.

The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Fabiola Carrión

Human Rights Brief

No abstract provided.

Assessing Legal Responses To Prenatal Drug Use: Can Therapeutic Responses Produce More Positive Outcomes Than Punitive Responses, Elizabeth E. Coleman, Monica K. Miller

Journal of Law and Health

Expressing a growing concern for fetal well being, the 2006 Idaho Senate passed legislation that permits criminal charges to be brought against women who abuse illegal drugs while pregnant. This bill allows for the potential incarceration of violators for up to five years, as well as a possible $50,000 fine. In some locations, women have the option of choosing to go to drug court instead of serving time in jail or prison. These drug courts provide drug treatment, case management, drug testing, and supervision, while requiring women who abuse illegal drugs to regularly report to scheduled status hearings before a …

The Moiwana Village Case, Claudia Martin

Scholarly Articles in Law Reviews & Journals

Moiwana Village is the second case to be decided by the Inter-American Court on Human Rights against Suriname in which the victims are members of an ethnic community that descends from'Bush Negroes' or 'Maroons', namely escaped former slaves who established new autonomous communities in the eastern part of Suriname. In contrast to its prior judgment, in Moiwana the Court shows a striking evolution in its case law regarding the treatment of ethnic or group rights. This approach, which may be traced back to previous case law on the rights of indigenous communities, affords an enhanced protection to members of an …

The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula

Elisabeth Haub School of Law Faculty Publications

Economic globalization represents both an unmet opportunity and a significant challenge for the fulfillment of social and economic rights, including the right to food. While corporate sector accountability and the responsibility of international financial institutions (IFIs) to ensure social and economic rights are now at the forefront of the globalization discourse, greater attention must be paid to how these actors can be held accountable under international law. The existing human rights legal framework is ill-equipped to deal with violations committed by non-state actors, such as transnational corporations (TNCs), and multi-state actors, such as IFIs. Using the right to food as …

Listening To The Disabled: End-Of-Life Medical Decision Making And The Never Competent , Eric C. Miller

Fordham Law Review

No abstract provided.

Last Resort: The Threat Of Federal Steroid Legislation--Is The Proposed Legislation Constitutional?, Joshua Peck

Fordham Law Review

No abstract provided.

Social Rights Are Human Rights: Actualizing The Rights To Work And Social Security In Africa, Nsongurua J. Udombana

Cornell International Law Journal

No abstract provided.

Can Consumer-Driven Health Care, Health Reimbursement Arrangements And Health Savings Accounts Save Employer Sponsored Health Care From Ruin, Larry Grudzien

St. Thomas Law Review

Employer sponsored health care programs have been in crisis for over ten years because, year after year, health care costs and premiums continue to increase faster than inflation. Employers have tried a number of solutions, but nothing seems to stop the trend. Between 2000 to 2006, premiums for family health coverage increased by 87% compared with general inflation growth of 18% and wage growth of 20%.2 Employee spending for health insurance coverage increased 126% between 2000 and 2004. Since 2001, the employees share of health insurance costs have soared 63% for single coverage and 58% for family coverage.3 For 2006 …

Virtual Espionage: Spyware And The Common Law Privacy Torts, Don Corbett

University of Baltimore Law Review

No abstract provided.