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Articles 7021 - 7050 of 10102
Full-Text Articles in Entire DC Network
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Scraping Beneath The Surface: Finally Holding Lead-Based Paint Manufacturers Liable By Applying Public Nuisance And Market-Share Liability Theories?, Lisa A. Perillo
Hofstra Law Review
No abstract provided.
Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota
UIC Law Review
No abstract provided.
International Control Of Iraqi Oil: How The Oil-For-Food Program Fits In, And Implications For The Future, Dawn Bell
Richmond Journal of Global Law & Business
No abstract provided.
Demobilization And Reintegration During An Ongoing Conflict, Christine Knudsen
Demobilization And Reintegration During An Ongoing Conflict, Christine Knudsen
Cornell International Law Journal
No abstract provided.
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
The Spirit Of Trips And The Importation Of Medicines Made Under Compulsory License After The August 2003 Trips Council Agreement, Jessica J. Fayerman
Northwestern Journal of International Law & Business
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement has changed prospects for access to necessary medications in the developing world. The use of compulsory licensing for pharmaceutical products embodied in Article 31 of TRIPS has been a contentious issue. Prior to 2003, countries with no manufacturing capacity of their own were not allowed to import medicines made under compulsory license, rendering the protections of Article 31 of little use to them. The 2003 Motta Agreement changed this. This expansion of the compulsory licensing power is both an impractical solution and it dilutes the premises upon which TRIPS was originally …
Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Wto And Gmos: Analyzing The European Community's Recent Regulations Covering The Labeling Of Genetically Modified Organisms, Brian Schwartz
Michigan Journal of International Law
This Note explores the compatibility of the EC's GMO regulations within the framework of the Agreement on the Application of Sanitary and Phytosanitary Measures ("SPS Agreement"), the Agreement on Technical Barriers to Trade ("TBT Agreement"), and the General Agreement on Tariffs and Trade 1994 ("GATT 1994" or "GAT"), all integral parts of the WTO Agreement. Part II presents arguments for or against the use of GM-products. Part III explores the concept of ecolabeling by analyzing the general goals of such programs, including the economic theory behind green consumerism and the characteristics necessary for effective schemes. Part IV describes the core …
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Protective Assistance For Elders: Maine Experience And Comparisons, Alison Barnes
Faculty Publications
This thoughtful analysis of Maine's Adult Protective Services for the elderly encompasses statutes involved, services provided, those who can be served, required reporting, emergency interventions, and possible sources of funding. Methods for preventing abuse and exploitation are examined. Barnes discusses legal remedies concerning misappropriated funds as well as civil and criminal actions against abusers. The reasons for self neglect and refusal of care are also explored.
The Case Against A Judicially Created, Common-Law Self-Audit Or Self-Evaluation Privilege Applicable To Environmental Cases, James Cox
Fordham Environmental Law Review
No abstract provided.
Global Legal Education And Human Rights, Claudio Grossman
Global Legal Education And Human Rights, Claudio Grossman
Human Rights Brief
No abstract provided.
Curbing Reliance On Abortion In Russia, Meghan Stewart
Curbing Reliance On Abortion In Russia, Meghan Stewart
Human Rights Brief
No abstract provided.
“Never Again,” Again: Darfur, The Genocide Convention, And The Duty To Prevent Genocide, Jamal Jafari
“Never Again,” Again: Darfur, The Genocide Convention, And The Duty To Prevent Genocide, Jamal Jafari
Human Rights Brief
No abstract provided.
United Nations Update, Nicole Trudeau
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Lessons From Juvenile Justice History In The United States, Douglas E. Abrams
Faculty Publications
Properly understood, “juvenile justice” encompasses all four primary categories of juvenile court jurisdiction - - abuse and neglect, adoption, status offenses and delinquency. I will concentrate today on delinquency - - what states have done with * children found to have committed acts that would be crimes if committed by adults.
Mad Cow Disease: An Approach To Its Containment, Michael B. Abramson
Mad Cow Disease: An Approach To Its Containment, Michael B. Abramson
Journal of Health Care Law and Policy
No abstract provided.
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
New Strategies For Prisoner Rehabilitation In The American Criminal Justice System: Prisoner Facilitated Mediation, Jeremy Coylewright
Journal of Health Care Law and Policy
No abstract provided.
In Search Of The Golden Years: How Compulsory Licensing Can Lower The Price Of Prescription Drugs For Millions Of Senior Citizens In The United States, Debjani Roy
Cleveland State Law Review
This article will show that compulsory licensing is the best remedy for the escalating cost of prescription drugs in the United States. Section II will provide a historical overview of American pharmaceutical patent law and will introduce the concept of compulsory licensing as a method to decrease the high cost of prescription drugs for senior citizens in the United States. Section III will look at the newly enacted Medicare Prescription Drug and Modernization Act, and state and local government plans to import cheaper brand-name prescription drugs from Canada. Section IV will look at the United States' international support for compulsory …
Global Legal Education And Human Rights, Claudio Grossman
Global Legal Education And Human Rights, Claudio Grossman
Scholarly Articles in Law Reviews & Journals
American University Washington College of Law's Human Rights Brief is an important educational tool for all of us and is a tremendous source for those involved in human rights work around the world. The Brief promotes the development of human rights by providing both analysis and information about cutting edge cases involving human rights violations today. On the occasion of the tenth anniversary of the Brief, I will reflect on what I perceive to be the changes necessary for legal education and discuss the role of human rights in that process.
Bursting The Chevron Bubble: Clarifying The Scope Of Judicial Review In Troubled Times, John H. Reese
Bursting The Chevron Bubble: Clarifying The Scope Of Judicial Review In Troubled Times, John H. Reese
Fordham Law Review
No abstract provided.
False Advertising, Animals, And Ethical Consumption, Carter Dillard
False Advertising, Animals, And Ethical Consumption, Carter Dillard
Animal Law Review
In light of the fact that today’s consumers often want their products to be created in the most environmentally-, globally-, and animal-friendly ways possible, unethical sellers sometimes succumb to the incentive to persuade consumers that goods were created more ethically than they actually were. This article investigates the ways that consumers can protect themselves from false advertising through the use of federal and state agencies, independant review, federal and state courts, and private attorneys general actions.
Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson
Armed Conflict, Health And Human Rights, Alex Deraney, Hafsteinn Hafsteinsson
Human Rights & Human Welfare
This section highlights resources with information on health concerns that arise from armed conflict. It examines human rights violations as derived from health issues and the humanitarian efforts to alleviate them. The vast majority of available literature approaches conflict-related healthcare shortfalls in terms of intervention. Literature dealing with armed conflict and health as it applies to human rights is much harder to come by, which indicates the need for additional emphasis in this area.
Human Rights, Health And The Environment, David Gillespie
Human Rights, Health And The Environment, David Gillespie
Human Rights & Human Welfare
Environmental health and human rights are inextricably linked. According to the Universal Declaration of Human Rights, Article 3, “Everyone has the right to life, liberty, and security of person.” Given that the earth is the source of the basic necessities of human life, any discussion about health and human rights must be attentive to its inherent environmental aspects. International conventions, documents and reports such as Agenda 21 (1992) and The Draft Declaration of Human Rights and the Environment (1994) have expressly argued for such an integrated approach. In response, a plethora of works over the past decade have expanded the …
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Valuing Life: A Plea For Disaggregation, Cass R. Sunstein
Articles
Each government agency uses a uniform figure to measure the value of a statistical life (VSL). This is a serious mistake. The very theory that underlies current practice calls for far more individuation of the relevant values. According to that theory, VSL should vary across risks. More controversially, VSL should vary across individuals-even or especially if the result would be to produce a lower number for some people than for others. One practical implication is that a higher value should be given to programs that reduce cancer risks. Another is that government should use a higher VSL for programs that …
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
The Sub-Commission's Initiative On Human Rights And Intellectual Property, David Weissbrodt, Kell Schoff
Articles
In 2000 the United Nations Sub-Commission on the Promotion and Protection of Human Rights adopted a resolution raising concerns about the consistency of international intellectual property protections and human rights norms. This article summarises human rights norms relevant to intellectual property and the pertinent aspects of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which overlap or potentially conflict. The article provides several examples of potential conflict and how they might be resolved. The article demonstrates that the Sub-Commission resolution helped to initiate a major international discussion and some action on the relationship between human rights and intellectual property.
The Right To Health, Sarah Friedmann
The Right To Health, Sarah Friedmann
Human Rights & Human Welfare
In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.
Access To Health, Natalie Huls
Access To Health, Natalie Huls
Human Rights & Human Welfare
Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.
State Of Utah V. Joe Sunthiphab Boupha : Brief Of Appellee, Utah Court Of Appeals
State Of Utah V. Joe Sunthiphab Boupha : Brief Of Appellee, Utah Court Of Appeals
Utah Court of Appeals Briefs (1996–2006)
APPEAL FROM CONDITIONAL PLEA OF GUILTY TO POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE, A SECOND DEGREE FELONY, IN VIOLATION OF UTAH CODE ANN. § 58-37-8(l)(a)(III) (West 2004), IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY, THE HONORABLE PARLEY R. BALDWIN PRESIDING.
The Age Of Aquarius Or, How I (Almost) Learned To Stop Worrying And Love Free Markets, Lawrence E. Mitchell
The Age Of Aquarius Or, How I (Almost) Learned To Stop Worrying And Love Free Markets, Lawrence E. Mitchell
Minnesota Law Review, Vols. 1-106:1 (1917-2021)
No abstract provided.
The Case For Coca And Cocaine: Bolivia's March To Economic Freedom, Daniel Tyler Cook
The Case For Coca And Cocaine: Bolivia's March To Economic Freedom, Daniel Tyler Cook
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
The Trips Council's Solution To The Paragraph 6 Problem: Toward Compulsory Licensing Viability For Developing Countries, Jennifer May Rogers
The Trips Council's Solution To The Paragraph 6 Problem: Toward Compulsory Licensing Viability For Developing Countries, Jennifer May Rogers
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
A Prisoner's Right To Religious Diet Beyond The Free Exercise Clause, 51 Ucla L. Rev. 1151 (2004), Benjamin Liu
A Prisoner's Right To Religious Diet Beyond The Free Exercise Clause, 51 Ucla L. Rev. 1151 (2004), Benjamin Liu
UIC Law Open Access Faculty Scholarship
Are religious prisoners entitled to dietary accommodations consistent with their religious beliefs? The current answer for this question derives from two 1987 cases, Turner v. Safley and O'Lone v. Estate of Shabazz, in which the U.S. Supreme Court articulated a factor-driven balancing test. Under this test, a prison regulation may burden an inmate's rights only if, on balance, the regulation reasonably serves a penological interest. However, the application of the Turner test often leads to conflicting results in the lower courts. The conflicting legal decisions stem from ambiguities in the concept of "reasonableness." In this Comment, I argue that the …