Digital Commons Network^™

Drugs, Aids And Reproductive Choice: Maternal-State Conflict Continues Into The Millennium, Cheryl E. Amana

North Carolina Central Law Review

No abstract provided.

Defining Nondiscrimination Under The Law Of The World Trade Organization, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Employer By Name, Insurer By Trade: Society's Obesity Epidemic And Its Effects On Employers' Healthcare Costs, Karthryn Hinton

Connecticut Insurance Law Journal

No abstract provided.

For The Sake Of All Children: Opponents And Supporters Of Same-Sex Marriage Both Miss The Mark, Nancy D. Polikoff

City University of New York Law Review

No abstract provided.

Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky

ExpressO

Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti

ExpressO

Trafficking in persons is one of the fastest growing areas of international criminal activity. Each year an estimated 600,000 – 800,000 human beings are bought, sold or forced across the world’s borders. Approximately 2.5 million men, women and children are victims of trafficking at any point in time throughout the world. Approximately 14,500 – 17,500 individuals are trafficked annually into the United States, making the United States the third largest destination country in the world for victims of human trafficking.

In order to fight trafficking in the United States effectively, legislation at the state level, in addition to the federal …

Encouraging Moderation In State Policies On Collecting Food Stamp Claims, David A. Super

Faculty Scholarship

Regulations issued by the Food and Nutrition Service, U.S. Department of Agriculture in July 2000 promote efficient and effective food stamp claims collection by the states. These regulations give states significant flexibility in tailoring their procedures on filing claims. States can incorporate waiver and compromise policies that increase efficiency and can serve low-income households.

Law & Health Care Newsletter, V. 13, No. 1, Fall 2005

Law & Health Care Newsletter

No abstract provided.

In Practice, V. 6, No. 1, Fall 2005

In Practice

No abstract provided.

The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.

West Virginia Law Review

No abstract provided.

"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

“Racially-Tailored” Medicine Unraveled, Sharona Hoffman

ExpressO

In June 2005, the FDA approved BiDil, a heart failure medication that is labeled for use only by African-Americans and thus, is the first treatment of its kind. The drug likely portends a future of growing interest in “race-based” medicine. This phenomenon is emerging at the same time that scientists, in light of the Human Genome Project, are reaching an understanding that “race” has no biological meaning, and consequently, “racially-tailored” medicine is both puzzling and troubling.

This Article explores the reasons for the new focus on “racial-profiling” in medicine. It analyzes the risks and dangers of this approach, including medical …

Day 2: Thursday, 18 August 2005: Colorado Native Aquatic Species Restoration Program, Dave Schnoor

Endangered Species Act Congressional Field Tour (August 17-19)

6 pages (includes illustrations).

Contains one reference.

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Endangered Species Act Congressional Field Tour (August 17-19)

6 pages (includes color illustration).

Contains references.

Brazil Presses Forward With Economic Reform, Solidifying A Fresh Start, C. Gabriel Sanchez, Augusto Perez

Brigham Young University International Law & Management Review

No abstract provided.

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

ExpressO

No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …

Deterring Roper’S Juveniles: Why Immature Criminal Youth Require The Death Penalty More Than Adults – A Law & Economics Approach, Moin A. Yahya

ExpressO

In Roper v. Simmons, the United States Supreme Court declared the death penalty for juveniles unconstitutional. It relied on three reasons, one of which concerns this article, namely the theory that juveniles are less culpable and deterrable than adults. The Court relied on the American Medical Association’s amicus brief which purported to show scientifically that juveniles had less developed brains than adults. The Court characterized juveniles as being risk-lovers who highly preferred the present over the future, who loved gains no matter how risky but did not care for losses, and who could not engage in proper cost-benefit analysis, because …

Turning Offense Into Defense: Making Sense Of Public Citizen's Arguments Against The Wto, Branden A. Bell

ExpressO

ABSTRACT

The World Trade Organization (WTO) is under considerable fire from nearly every quarter. Undoubtedly, the biggest gun currently belongs to Public Citizen’s Global Trade Watch (GTW). GTW is the undisputed leader of the coalition that derailed the Millennium Round of WTO talks in Seattle. In 2004, GTW published a second edition of its book, Whose Trade Organization? that had been the manifesto of the Seattle protesters.

The WTO Dispute Settlement Body (DSB) is one of the most frequent target of the anti-WTO crowd (and sometimes the pro-WTO crowd.) One chapter of GTW’s book is reserved for its criticism of …

Learning The Wrong Lessons From "An American Tragedy": A Critique Of The Berger-Twerski Informed Choice Proposal, David E. Bernstein

George Mason University School of Law Working Papers Series

This paper is a critique of Margaret Berger and Aaron Twerski, “Uncertainty and Informed Choice: Unmasking Daubert”, forthcoming the Michigan Law Review. Berger and Twerski propose that courts recognize a cause of action that would allow plaintiffs who claim injury from pharmaceutical products, but who do not have sufficient evidence to prove causation, to recover damages for deprivation of informed choice. Berger and Twerski claim inspiration from the litigation over allegations that the morning sickness drug Bendectin caused birth defects. Considering the criteria Berger and Twerski suggest for their proposed cause of action in the context of Bendectin, it appears …

Proceed With Precaution: The Statutory, Legal, And Consumer Influence On Genetically Modified Foods In Canada, Alexander Singh

Canadian Journal of Law and Technology

Despite the majority of consumers’ health and environmental concerns, genetically modified organisms (GMOs) now form a regular part of Canadian society. Our system of regulatory approval introduces GMOs into agriculture, while our legal regimes deal with rights and responsibilities with respect to GMO, all while grocers and consumers sell, buy and eat genetically modified foods (GMFs) as part of their daily diet. With the increasing prominence of GMOs in our society, and the consistent debate over their safety, there is a need to inject precaution into the principles behind how these foods and crops enter, remain and spread in the …

Achieving "Readiness" In Medi-Cal's Managed Care Expansion For Persons With Disabilities: Issues And Process, Sara J. Rosenbaum, Sara E. Wilensky, Peter Shin

Health Policy and Management Faculty Publications

This Policy Brief examines issues that can be expected to arise as California moves to significantly expand the use of mandatory managed care arrangements for Medi-Cal enrollees with disabilities. This analysis is based on information gleaned from more than a decade of Medicaid managed care specification analyses for the federal government and private funders, focusing on both the general beneficiary population and persons with chronic illnesses and disabilities. This Policy Brief also reflects experiences in furnishing technical assistance to state purchasers and in developing model managed care purchasing specifications for both general and special needs managed care populations for both …

An Iq Test For Federal Agencies? Judicial Review Of The Information Quality Act Under The Apa, Margaret Pak

Washington Law Review

The Information Quality Act (IQA) directs the Office of Management and Budget (OMB) to issue guidelines to federal agencies for ensuring and maximizing the quality, objectivity, utility, and integrity of information disseminated by the agencies. The IQA directs agencies to develop administrative mechanisms whereby a person affected by agency-disseminated information may request correction of information that the person believes does not comply with the OMB's guidelines. The IQA is silent on whether judicial review is available to challenge an agency's decision to deny a "request for correction" (RFC). Regulated parties, legislators, scholars, and other groups have framed judicial review of …

Statute Index

Louisiana Law Review

No abstract provided.

General Index

Louisiana Law Review

No abstract provided.

Table Of Cases

Louisiana Law Review

No abstract provided.

Be Our Guest: A Review Of The Legal And Regulatory History Of U.S. Immigration Policy Toward Mexico And Recommendations For Combating Employer Exploitation Of Nonimmigrant And Undocumented Workers, Shannon Leigh Vivian

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Equity Measures And Systems Reform As Tools For Reducing Racial And Ethnic Disparities In Health Care, Sidney D. Watson

All Faculty Scholarship

Many health care quality regulators, including officials of the Centers for Medicare and Medicaid Services and other agencies, have embraced systems reform—largely through mandates that require health care providers to implement Quality Assessment and Performance Improvement (QAPI) initiatives. Currently, however, no QAPI requirements stipulate that individual plans or providers measure racial and ethnic disparities. Performance measurements that do not track data by race and ethnicity, the author says, not only miss inequities but are likely to overlook promising techniques for reaching patients of particular racial and ethnic backgrounds. Incorporating equity measures into existing QAPI requirements, the report finds, would not …

Biblical Biopolitics: Judicial Process, Religious Rhetoric, Terri Schiavo And Beyond, Josh E. Perry

ExpressO

While a recent flurry of academic and popular attention has been focused on the saga of Terri Schiavo, this Article begins by presenting the legal doctrine and established bioethical consensus regarding autonomy and guardianship law in the context of end-of-life/PVS disputes. Next, this Article provides a comprehensive examination of the judicial proceedings in Mrs. Schiavo’s case, as well as an analysis of the Religious Right activism that brought this case international attention and unprecedented involvement by all three branches of government at both the federal and state level. In response to widespread confusion, even among the legal community, and outright …

On Hastening Death Without Violating Legal Or Moral Prohibitions, Norman L. Cantor

Rutgers Law School (Newark) Faculty Papers

While the vast majority of fatally afflicted persons have a powerful wish to remain alive, some stricken persons may, for any of a host of reasons, desire to hasten death. Some persons are afflicted with chronic degenerative diseases that take a grievous toll. Chronic pain may be severe and intractable, anxiety about a future treatment regimen may be distressing, and helplessness may erode personal dignity and soil the image that the afflicted person wants to leave behind.

A dying patient’s interest in hastening death is often said to be in tension with a bedrock social principle that respect for sanctity …

The American Law Institute Principles Of Family Dissolution, The Approximation Rule And Shared-Parenting, Marygold S. Melli

Northern Illinois University Law Review

This article discusses the ALl Principles of Family Dissolution which proposes a default rule to determine child custody when parents cannot agree. That rule, known as the Approximation Rule, requires the court to allocate child custody so that the amount of time that the child spends with each parent approximates the proportion of time each parent spent in child care during the marriage. This article explains the background for the choice of the rule and faults the ALl for not explicitly recognizing that the rule may in effect be a proposal for shared parenting.