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90 Years And Two Days In Forty-Five Minutes, Stephen Calkins Jan 2005

90 Years And Two Days In Forty-Five Minutes, Stephen Calkins

Law Faculty Research Publications

No abstract provided.


A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino, William J. Winslade Jan 2005

A Primer On The Law And Ethics Of Treatment, Research, And Public Policy In The Context Of Severe Traumatic Brain Injury, Stacey A. Tovino, William J. Winslade

Annals of Health Law and Life Sciences

This article addresses the legal and ethical implications of treatment, research, and public policy decisions in the context of severe traumatic brain injury. Examining the tragic circumstances of a fifteen year-old boy from Connecticut who remained in a near vegetative state for almost three years, the authors provide a thorough discussion of the diverse legal and ethical issues encountered by those close to traumatic brain injury victims as they consider treatment options, research activities, and public policy decisions.


Entrance Ramps, Tolls, And Express Lanes—Proposals For Decreasing Traffic Congrestion In The Patent Office, Kristen Osenga Jan 2005

Entrance Ramps, Tolls, And Express Lanes—Proposals For Decreasing Traffic Congrestion In The Patent Office, Kristen Osenga

Florida State University Law Review

No abstract provided.


Behavioral Economics And Health Policy: Understanding Medicaid’S Failure, Barak D. Richman Jan 2005

Behavioral Economics And Health Policy: Understanding Medicaid’S Failure, Barak D. Richman

Cornell Law Review

No abstract provided.


Coast Salish Property Law: An Alternative Paradigm For Environmental Relationships, Russel Lawrence Barsh Jan 2005

Coast Salish Property Law: An Alternative Paradigm For Environmental Relationships, Russel Lawrence Barsh

UC Law Environmental Journal

No abstract provided.


A Dual Catastrophe Of Protectionism, Sungjoon Cho Jan 2005

A Dual Catastrophe Of Protectionism, Sungjoon Cho

Northwestern Journal of International Law & Business

Suppose that a consortium of wealthy and powerful local industries, acting through lawmakers captured by these industries, managed to pass a statute, damaging to the larger public welfare, purely for a protectionist purpose. Suppose further that this statute victimizes exports from a small, poor country such as Vietnam, to a large, rich country such as the United States, because these imported products are cheaper and thus pose a competitive threat to rival domestic industries. Suppose also that courts in the importing country can do little to stop this chain of events. Rational individuals might find these events objectionable, if not …


Using Therapeutic Jurisprudence In Teaching Lawyering Skills: Meeting The Challenge Of The New Aba Standards, Bruce J. Winick Jan 2005

Using Therapeutic Jurisprudence In Teaching Lawyering Skills: Meeting The Challenge Of The New Aba Standards, Bruce J. Winick

St. Thomas Law Review

At some law schools, existing courses already involve a simulation component. Some use a problem method approach whereby students are provided with written problems in advance and asked to come to class prepared to role play attorneys solving the problems or presenting opposing arguments concerning them. In the past, when I taught courses in Administrative Law and Federal Courts, I used a problem method approach that sought to blend skills training with doctrinal learning. For many years I have taught, and continue to teach, a course in Advanced Criminal Procedure using a variety of problems crafted over the years that …


Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell Jan 2005

Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell

Syracuse Journal of International Law and Commerce

Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …


What (Not) To Do About Obesity: A Moderate Aristotelian Answer, Richard A. Epstein Jan 2005

What (Not) To Do About Obesity: A Moderate Aristotelian Answer, Richard A. Epstein

Articles

No abstract provided.


Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards Jan 2005

Derivatives And The Bankruptcy Code: Why The Special Treatment?, Edward Morrison, Franklin R. Edwards

Articles

The collapse of Long Term Capital Management ("LTCM' in Fall 1998 and the Federal Reserve Bank's subsequent efforts to orchestrate a bailout raise important questions about the structure of the Bankruptcy Code. The Code contains numerous provisions affording special treatment to financial derivatives contracts, the most important of which exempts these contracts from the "automatic stay" and permits counterparties to terminate derivatives contracts with a debtor in bankruptcy and seize underlying collateral. No other counterparty or creditor of the debtor has such freedom; to the contrary, the automatic stay prohibits them from undertaking any act that threatens the debtor's assets. …


Dollars And Death, Eric A. Posner, Cass R. Sunstein Jan 2005

Dollars And Death, Eric A. Posner, Cass R. Sunstein

Articles

No abstract provided.


Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott Jan 2005

Protecting Children And Their Mothers: The Millennium Development Goals Push Lofty Heath Targets, Frank Pigott

Sustainable Development Law & Policy

No abstract provided.


Conditional Cash Transfers: Progress Towards The Millennium Development Goals, Blase Kornacki Jan 2005

Conditional Cash Transfers: Progress Towards The Millennium Development Goals, Blase Kornacki

Sustainable Development Law & Policy

No abstract provided.


Bridging The Gap: How The Millennium Development Goals Are Uniting The Fight Against Global Poverty, Kemal Dervis Jan 2005

Bridging The Gap: How The Millennium Development Goals Are Uniting The Fight Against Global Poverty, Kemal Dervis

Sustainable Development Law & Policy

No abstract provided.


Targets, Timetables, And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach Jan 2005

Targets, Timetables, And Effective Implementing Mechanisms: Necessary Building Blocks For Sustainable Development, John C. Dernbach

Sustainable Development Law & Policy

No abstract provided.


"Racially-Tailored" Medicine Unraveled, Sharona Hoffman Jan 2005

"Racially-Tailored" Medicine Unraveled, Sharona Hoffman

American University Law Review

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 …


For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan Jan 2005

For Crying Out Loud: Ohio's Legal Battle With Public Breastfeeding And Hope For The Future, Brianne Whelan

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais Jan 2005

Stomaching The Burden Of Dietary Supplement Safety: The Need To Shift The Burden Of Proof Under The Dietary Supplement Health And Education Act Of 1994, Morgan J. Wais

Seattle University Law Review

This article gives a brief historical perspective on dietary supplement regulation and discusses the evolution of drug regulation by the FDA. Part II concludes with a discussion of the political environment in which these regulations occur. Part III gives examples and show how the current system has caused injury and harm to consumers of dietary supplements. Part IV discusses the current burden of proof and how it was applied in the case of ephedra. Part V discusses how, under the current regulatory structure, consumers cannot be adequately protected, either by the FDA or the tort system. Part VI discusses the …


Volume 6 Issue 1, Sustainable Development Law & Policy Jan 2005

Volume 6 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Access To Justice And The Right To Adequate Food: Implementing Millennium Development Goal One, Marc J. Cohen, Mary Ashby Brown Jan 2005

Access To Justice And The Right To Adequate Food: Implementing Millennium Development Goal One, Marc J. Cohen, Mary Ashby Brown

Sustainable Development Law & Policy

No abstract provided.


The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn Jan 2005

The End Of Poverty: Economic Possibilities For Our Time By Jeffrey Sachs Penguin Press, 2005, Elizabeth Hahn

Sustainable Development Law & Policy

No abstract provided.


Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler Jan 2005

Regulating The Regulators: The Impact Of Fda Regulation On Corporations' First Amendment Rights, 39 J. Marshall L. Rev. 95 (2005), Lisa M. Fealk-Stickler

UIC Law Review

No abstract provided.


Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii Jan 2005

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith Ii

Scholarly Articles

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks - foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization. Although advanced - and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics - attainment …


Internally-Displaced Persons And The Sardar Sarovar Project: A Case For Rehabilitative Reform In Rural Media, Pooja Mehta Jan 2005

Internally-Displaced Persons And The Sardar Sarovar Project: A Case For Rehabilitative Reform In Rural Media, Pooja Mehta

American University International Law Review

No abstract provided.


Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins Jan 2005

Exporting Despair: The Human Rights Implications Of U.S. Restrictions On Foreign Health Care Funding In Kenya, Mehlika Hoodbhoy, Martin S. Flaherty, Tracy E. Higgins

Fordham International Law Journal

This Report culminates a year-long project undertaken by the Joseph R. Crowley Program in International Human Rights to study the impact of the Mexico City Policy in Kenya and to analyze the applicable international human rights standards. This Report sets out the findings and legal analysis that resulted. Following this Introduction and a cataloguing of our recommendations, Part I examines those international human rights obligations that the Mexico City Policy most obviously implicates. In Part II, the Report turns to the impact of the Mexico City Policy upon these rights in Kenya. Part III of this Report turns to the …


Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards Jan 2005

Holding Media Responsible For Deceptive Weight-Loss Advertising, Chester S. Galloway, Herbert Jack Rotfeld, Jef I. Richards

West Virginia Law Review

In Fall 2002, the Federal Trade Commission held a Workshop exploring the problem of misleading weight-loss promotional pitches. After the agency spent decades cleaning up deceptive advertising, the weight-loss industry continues to be replete with such tactics. In an attempt to more aggressively attack those deceptions, the FTC used the Workshop as a forum to suggest that media should play a more active role in screening ads for diet products and programs. Some saw this as an implied threat that the agency may begin holding media liable for publishing those ads. Media protest that this forces them into the de …


Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson Jan 2005

Want Fries With That - A Critical Analysis Of Fast Food Litigation, Donald R. Richardson

West Virginia Law Review

No abstract provided.


Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Christian De Vos, Fabiola Carrión, Shirley Woodward Jan 2005

Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Christian De Vos, Fabiola Carrión, Shirley Woodward

Human Rights Brief

No abstract provided.


Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull Jan 2005

Induced Autism The Legal And Ethical Implications Of Inoculating Vaccine Manufacturers From Liability, Helia Garrido Hull

Faculty Scholarship

No abstract provided.


Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh Jan 2005

Some Right Jabs And Back In The Ring: Lessons Learned From The Phase I Civilian Smallpox Program, Elin Gursky, Avani Parikh

Journal of Health Care Law and Policy

No abstract provided.