Digital Commons Network^™

Gender, Work, And The Nafta Labor Side Agreement, Kate Andrias

Faculty Scholarship

It has been nearly ten years since the public debate over the North American Free Trade Agreement ("NAFTA") and the advent of trade liberalization with America's neighbors to the north and south. In the years since NAFTA's signing in 1993, economic globalization has fundamentally changed our conception of the nation-state, citizenship, trade, and work. Economic life in the United States now involves massive cross-border capital and labor flows, and integrated cross-border production chains, particularly with our trading partners in NAFTA. We have seen greater trade liberalization throughout the world, the ascendance of transnational organizations like the World Trade Organization, recurrent …

Can World Poverty Be Eliminated?, William F. Felice

Human Rights & Human Welfare

A review of:

World Poverty: New Policies to Defeat an Old Enemy edited by Peter Townsend and David Gordon. Bristol: The Policy Press, 2002. 454pp.

and

World Poverty and Human Rights: Cosmopolitan Responsibilities and Reforms by Thomas Pogge. Malden, MA: Blackwell/Polity, 2002. 264pp.

and

There is an Alternative: Subsistence and Worldwide Resistance to Corporate Globalization edited by Veronica Benholdt-Thomsen, Nicholas Faraclas, and Claudia von Werlhof. New York: Zed Books. 2001. 288pp.

Ediscovery: Preserving, Requesting & Producing Electronic Information, Lisa M. Arent, Robert D. Brownstone, William A. Fenwick

Santa Clara High Technology Law Journal

No abstract provided.

International Intellectual Property, Progress, And The Rule Of Law, Howard C. Anawalt

Santa Clara High Technology Law Journal

No abstract provided.

The Politics Of Public Health: A Response To Epstein, Lawrence O. Gostin, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Conservatives are taking aim at the field of public health, targeting its efforts to understand and control environmental and social causes of disease. Richard Epstein and others contend that these efforts in fact undermine people’s health and well-being by eroding people’s incentives to create economic value. Public health, they argue, should stick to its traditional task—the struggle against infectious diseases. Because markets are not up to the task of controlling the transmission of infectious disease, Epstein says, coercive government action is required. But market incentives, not state action, he asserts, represent our best hope for controlling the chronic illnesses that …

Rogue Science, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

This review essay considers the tension between the evidence-driven vision of science's mission and the fears of malicious use and terrible consequences that have come to the fore since the terrorist attacks of September 11, 2001. These fears have led some to call for government restrictions on the substance of scientific research and communication. In general, this approach is likely to do far more harm than good. But scientists need to take the problem of social consequences more seriously than they have so far. The author argues in this essay that in some circumstances, when rogue use of science can …

Trade Remedy Laws In The United States: Bilateral Grain Trade Disputes With Canada, Won W. Koo, Ihn H. Uhm

North Dakota Law Review

No abstract provided.

The Right To Health And The Nevirapine Case In South Africa, George J. Annas

Faculty Scholarship

Thanks to activists in South Africa, the right to health as a human right has returned to the international stage, just as it was being displaced by economists who see health through the prism of a globalized economy and by politicians who see it as an issue of national security or charity. The current post-apartheid debate in South Africa is not about race but about health, and in this context, the court victory by AIDS activists in the nevirapine case has been termed not only, as stated in one British newspaper, “the greatest defeat for [President Thabo] Mbeki's government” but …

A Proposed Right Of Conscience For Government Attorneys, Ralph Nader, Alan Hirsch

UC Law Journal

Government lawyers may be discharged for failing to carry out an assignment that violates their conscience or their conception of the Constitution. This is regrettable, especially given the special role of the government lawyer as an officer of the court committed to the public interest. Drawing on a wide range of analogies involving lawyers and non-lawyers, public and private employees, and citizens outside of the workplace, the authors argue that recognizing a right to conscience for government lawyers would in no way compromise the effective functioning of the government. They propose specific statutory language, as well as a canon of …

The Definition Of "Serious Health Condition" Under The Family Medical Leave Act, Jessica Beckett-Mcwalter

UC Law Journal

This Note examines the definition of "serious health condition" under the Family Medical Leave Act ("FMLA"). The FMLA allows an employee to take time off from work if she suffers from a "serious health condition" or needs to care for a family member with a "serious health condition." The Department of Labor regulations provide that a "serious health condition" requires inpatient care or continuous treatment. Many courts have interpreted the Department of Labor regulations as setting up a bright-line test for determining whether an illness constitutes a "serious health condition" under the FMLA. This Note argues that the Department of …

Where Involuntary Commitment, Civil Liberties, And The Right To Mental Health Care Collide: An Overview Of California's Mental Illness System, Meredith Karasch

UC Law Journal

This Note provides an overview of California's mental health care system. It discusses the history of the civil liberty movement as it pertains to mental health care and its impact on the current system. The Note argues that the present system is inadequate because of the obstacles to obtaining treatment and, when it is available, the poor quality of mental health care. This Note also explores the societal consequences of the current system and offers some alternatives.

This Note does not argue for confinement without cause or without safeguards. Rather, in an effort to throw some light on a very …

An Overview Of Progress In The International Regulation Of The Pharmaceutical Industry, Joan Costa-Font, Aaron Burakoff Harvard University; University Of Barcelona

The University of New Hampshire Law Review

[Excerpt] “The pharmaceutical industry, a significant source of healthcare throughout the world, has several features that distinguish it from the rest of the health industry. In the last half-century, new technology, better technological know-how, and overall economic growth have led to widespread and rapid growth in the pharmaceutical sector. Advancements in pharmaceutical research and development have led to the production of drugs that can routinely combat afflictions that, only years ago, were untreatable or even fatal. Since 1970, the average share of Gross Domestic Product (GDP) on pharmaceutical goods has increased in most Organization for Economic Cooperation and Development (OECD) …

Public Perceptions Of Food Safety: Assessing The Risks Posed By Genetic Modification, Irradiation, Pesticides, Microbiological Contamination And High Fat/High Calorie Foods, Michael D. Mehta

The University of New Hampshire Law Review

[Excerpt] "In general, people in the developed world have access to a safe and varied supply of food. Instead of systemic hunger, many developed countries have problems with obesity and other kinds of eating disorders among their citizenry. It is within this context that some find public concerns about the safety of food both paradoxical and misplaced. Nevertheless, understanding how people perceive the risk associated with food is an important exercise in demonstrating accountability and in setting priorities for regulation. With the advent of technologies for producing genetically modified foods, and the development of fat blockers like Olestra, the public …

The Patentability Of Transgenic Animals In The United States Of America And The European Union: A Proposal For Harmonization, Jerzy Koopman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Regulating Functional Foods: Pre- And Post-Market Strategy, Dana Ziker

Duke Law & Technology Review

As best we understand the government, its first argument runs along the following lines: that health claims lacking "significant scientific agreement" are inherently misleading because they have such an awesome impact on consumers as to make it virtually impossible for them to exercise any judgment at the point of sale. It would be as if the consumers were asked to buy something while hypnotized, and therefore they are bound to be misled. We think this contention is almost frivolous.

Depression: A Decade Of Progress, More To Do, Veronica V. Goff

National Health Policy Forum

This issue brief discusses the most recent findings on depression prevalence and cost; examines trends in outpatient treatment, including the dramatic growth in antidepressant use; discusses efforts to improve treatment in primary care; and explores possible public policy avenues for improving treatment access and quality.

Beyond Welfare Reform: Economic Justice In The 21st Century, Peter B. Edelman

Georgetown Law Faculty Lectures and Appearances

Thank you so much, Mary Louise. I am deeply honored that you asked me to be here today with you and Tomas and Dan to deliver these remarks in memory of Mario Olmos. He was a wonderful role model for the values that have been celebrated throughout this lecture series, and I am doubly honored to be added to the list of distinguished speaker who have preceded me.

The Physician As A Conscientious Objector, J. David Bleich

Articles

No abstract provided.

Seeking A Balance: International Pharmaceutical Patent Protection, Public Health Crises, And The Emerging Threat Of Bio-Terrorism, Arnaldo Lacayo

University of Miami Inter-American Law Review

No abstract provided.

Theorizing Behavioral Law And Economics: A Defense Of Evolutionary Analysis And The Law, Neel P. Parekh

University of Michigan Journal of Law Reform

Behavioral law and economics (BLE) provides a steady stream of empirical evidence that counters the predictions of law and economics. Despite this research and data, however, many theorists argue that BLE ultimately fails because it posits no underlying theory. This Note argues that perspectives from evolutionary biology, evolutionary psychology, and the brain sciences can provide the missing motivational theory for BLE's empirical findings. The Note also examines the implications a more consistent and reasoned consideration of evolutionary analysis and the law (EA) has for our legal regime. In theorizing BLE and defending EA, this Note aims to show how evolutionary …

Why And How The World Trade Organization Must Promote Environmental Protection, Paulette L. Stenzel

Duke Environmental Law & Policy Forum

No abstract provided.

Proceedings Of The Third Annual Legal & Policy Issues In The Americas Conference (2002) -- V. The Export Of Medical Supplies And Agriculture Products In Cuba -- D. Cuban Economic Relations, Berta E. Hernández-Truyol

UF Law Faculty Publications

Proceedings of the Third Annual Legal & Policy Issues in the Americas Conference (2002)

Importing Death As A Part Of Free Trade: An Argument For A Prohibition On The Importation Of Foods Containing The Residue Of Banned Pesticides, Derek Redmond

William & Mary Environmental Law and Policy Review

No abstract provided.

Achieving Global Health: A Review Of The World Health Organization's Response, Mark J. Volansky

Tulsa Journal of Comparative and International Law

No abstract provided.

Ipr : Pharmaceuticals, Rupa Chanda

IIMB Management Review

In the introductory panel of the Conference on IPR, the speakers included S Chandrasekaran, Deputy Controller of Patents & Designs, Govt of India; M D Nair, Consultant to the Pharmaceutical Industry, Chennai; P P Prabhu, former Commerce Secretary, Government of India; K Raghavendra Rao, MD, Orchid Chemicals & Pharmaceuticals and Jayashree Watal, Consultant to the WTO Secretariat. S Chandrasekaran clarified what constitutes intellectual property, what a patent is, and how an invention may qualify for a patent.He pointed out that as a participant in the TRIPS Agreement, India is obliged to modify her statutes to make her IPR regime TRIPS …

Ipr : Biotechnology And Agriculture, P D Jose

IIMB Management Review

The Biotechnology and Agriculture Panel saw Indira Ramaswamy, Fellow student, IIMB and M D Nair, consultant and author, discussing the opportunities and constraints of the biotechnology sector in India. Defining biotechnology as the use and manipulation of living organisms for the purpose of commercialisation, which includes the use of tissue culture, cell fusion, embryo transfer and recombinant DNA technology, Indira Ramaswamy detailed the market segmentation of biotechnology into health care, agriculture, industry and environmental applications and the Indian scenario vis a vis each of the segments. She described the key features of a biotechnology company and the main trend being …

Congratulations To Judge Procter R. Hug, Jr., Barry G. Silverman

Nevada Law Journal

No abstract provided.

The Essential Toolbox For The Estate & Trust Lawyer, Office Of Continuing Legal Education At The University Of Kentucky College Of Law

Continuing Legal Education Materials

Materials from the conference on the Essential Toolbox for the Estate & Trust Lawyer held by UK/CLE in July 2002.

The Trend Towards Turning Public Education Into A Gated Community, Lisa Thurau-Gray

Cornell Journal of Law and Public Policy

No abstract provided.

The Third United Nations World Conference On The Least Developed Countries: A Global Agenda For The New Millennium, Joseph R. Mccarthy

NYLS Journal of Human Rights

No abstract provided.