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Merck Kgaa V. Integra Lifesciences I Ltd.: How Broad Can You Go? The Supreme Court Makes Room For Preclinical Research In The Drug Price Competition And Patent Term Restoration Act's Safe Harbor Provision, Lauren B. Willis

Journal of Business & Technology Law

No abstract provided.

A History Of Change And Reorganization: The Pelagic Longline Fishery In Gouyave, Grenada, Sandra Grant, Fikret Berkes, Johnson St. Louis

Gulf and Caribbean Research

This paper traces the history of the pelagic surface longline fishery in Gouyave, Grenada, noting 4 major periods of change from pre-1985 to 2004. Reconstructed from document reviews, newspaper articles, oral history, and key informant interviews 1) the pre-1985 period was the time when the longline was introduced and popularized by the Cubans, 2) the period of institutionalization and technology development (1986-1990) corresponded to the strengthening of institutional arrangements and the initial improvements in technology, 3) the Coastal Fisheries Development Project (CFDP) of 1991-1999 was the period of international donor support and further technology change in longline construction, and finally …

Privatizing Antidiscrimination Law With Arbitration: The Title Vii Proof Problem, Stephen A. Plass

Montana Law Review

Privatizing Antidiscrimination Law

Smith V. Salish Kootenai College: Self-Determination As Governing Principle Or Afterthought In Tribal Civil Jurisdiction Jurisprudence, Nicole E. Ducheneaux

Montana Law Review

Tribal Civil Jurisdiction

Graduate Programs Commencement, 8th Class (2007), Philadelphia College Of Osteopathic Medicine

Commencements

This digital project provides access to PCOM Graduate Commencement Programs. Commencement is a collaborative effort by the offices of Academic Affairs, Student Affairs, Enrollment Management, and Registrar, with support from a variety of other college departments.

Tax Reform Unraveling, Michael J. Graetz

Faculty Scholarship

The Tax Reform Act of 1986 was widely heralded as the most significant change in our nation’s tax law since the income tax was extended to the masses during World War II. It was the crowning domestic policy achievement of President Ronald Reagan, who proclaimed it “the best antipoverty measure, the best pro-family measure and the best job-creation measure ever to come out of the Congress of the United States” (Reagan, 1986). This journal published a symposium on the Tax Reform Act in its first issue. The law’s rate reductions and base broadening reforms were mimicked throughout the countries belonging …

Achieving Transparency In Implementing Abortion Laws, Rebecca Cook, Joanna Erdman, Bernard Dickens

Articles, Book Chapters, & Popular Press

National and international courts and tribunals are increasingly ruling that although states may aim to deter unlawful abortion by criminal penalties, they bear a parallel duty to inform physicians and patients of when abortion is lawful. The fear is that women are unjustly denied safe medical procedures to which they are legally entitled, because without such information physicians are deterred from involvement. With particular attention to the European Court of Human Rights, the UN Human Rights Committee, the Constitutional Court of Colombia, the Northern Ireland Court of Appeal, and the US Supreme Court, decisions are explained that show the responsibility …

Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca Cook, Joanna Erdman, Bernard Dickens

Articles, Book Chapters, & Popular Press

Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …

Canada-Usa Bilateral Fisheries Management In The Gulf Of Maine: Under The Radar Screen, David Vanderzwaag, Emily J. Pudden

Articles, Book Chapters, & Popular Press

Canada and the USA have developed a series of cooperative initiatives that address transboundary fisheries issues in the Gulf of Maine. The Canada – USA Steering Committee serves as an umbrella forum for discussing and coordinating transboundary management measures. Through the work of the Transboundary Resource Assessment Committee and the Transboundary Management Guidance Committee, the Steering Committee has overseen the development of joint scientific stock assessments and a sharing agreement for groundfish resources in the vicinity of the eastern Georges Bank. The bilateral Fisheries Enforcement Agreement helps ensure the success of such cooperative management initiatives by combating illegal fishing in …

Enron And The Special Purpose Entities - Use Or Abuse - The Real Problem - The Real Focus, Neal Newman

Faculty Scholarship

On the heels of Enron's debacle came the Sarbanes-Oxley Act of 2002, the far reaching legislative reform that was designed to shore-up the accounting and corporate governance shortfalls that the legislature and the investing public believed allowed Enron to do what it did unabated. Supplementing the reforms set forth in the Sarbanes-Oxley Act are a number of accounting rules, guidelines, and interpretations that are designed to curtail the type of accounting fraud Enron perpetrated through its use (or more accurately abuse) of what are referred to as special purpose entities (SPEs). Although much has been written chronicling and analyzing the …

Overcharging The Uninsured In Hospitals: Shifting A Greater Share Of Uncompensated Medical Care Costs To The Federal Government, James Mcgrath

Faculty Scholarship

In addressing problems with our health care payment system, one of the most contentious debates has been whether the United States should adopt a plan of universal health care. The debate intensifies over whether this country should adopt a single payer health care system, which one commentator describes as a system "in which a federal agency would centrally administer a single, comprehensive benefits package financed through general tax dollars..." Under a single payer plan, everyone in the country would receive at least some level of access to health care for which the federal government would pay.

The federal government already …

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo

Faculty Scholarship

One of the goals of Article III of GATT is to invalidate domestic regulatory measures, including taxes and non-fiscal policies that amount to non-tariff barriers to trade (NTB) and therefore violate the principles of national treatment. While internal policies that directly discriminate between products based on nationality or origin are clearly in violation of national treatment principles, it is the facially neutral regulatory measures with protectionist and discriminatory effects that are more difficult to assess, even within transparent regulatory processes. However, with their emphasis on the likeness of the products in question, WTO panels run the risk of alienating member …

Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo

Faculty Scholarship

Much of the study of international private law has focused on exploring differences in legal systems in light of domestic issues or harmonization. Much less emphasis has been on accepting these various parochial interests as part of a global legal structure. This preliminary study into what drives parochial attitudes can help international trade scholars observe the traditions engendering these differing parochial attitudes and their impact on trade. Through a pluralist lens and in borrowing from studies in the social sciences on parochialism, this paper attempts to bring to light a world of "hybrid legal spaces" that adds complexity to the …

Strengthening International Law's Capacity To Govern Through Multilayered Strategic Partnerships, Charlotte Ku

Faculty Scholarship

This article examines the multiple layers at which international law now functions--the international, national, and sub-national. It identifies both public and private institutions and practices that have emerged to carry out international law's normative objectives. It ends with a call to expand the formal structure of international law to include the realities of a disaggregated state, a non-hierarchical system of governance, and a transnational political space.

The Ever-Expanding Health Care Conscience Clause: The Quest For Immunity In The Struggle Between Professional Duties And Moral Beliefs, Maxine M. Harrington

Faculty Scholarship

The role of religion in the delivery of health care, particularly family planning and reproductive health services, has been discussed extensively. The debate over moral refusals in health care appears to be intensifying for a number of reasons. Society has seen the rapid expansion of controversial medical technologies such as embryonic stem cell research, genetic testing, cloning, and in vitro fertilization. Political controversy erupted over the application before the FDA to switch Plan B, an emergency contraceptive, from prescription to nonprescription status. The physician-assisted suicide debate and the Terri Schiavo case brought renewed attention to end-of-life care issues. Finally, the …

Learning Environments : Redefining The Discourse On School Architecture, Alessandro Degregori

Theses

The thesis maintains that the physical environment of the school is only one component, although an important one, of learning environments suitable for learner-centered, consiructivist approaches to learning. Accordingly, school architecture should relate to both, the physical as well as the social environmental contexts. This perspective could invite educators and architects to participate in a collaborative discourse for realizing most effective and sustainable learning environments, one school at a time.

In search of learning factors, factors that could influence learning and engage educators and architects in a collaborative discourse, the study addresses the following: a) A review of literature …

The Effect Of 1,25-Dihydroxy Vitamin D3 On At1 Cell Receptor Expression In Human Iliac Artery Endothelial Cells (Hiaec), Jenny Thomas

Theses and Dissertations

The renin-angiotensin system (RAS) plays an important part in homeostasis through angiotensin IPs role as a vasoconstrictor. Defects in the renin angiotensin system can lead to hypertension, heart attack, and stroke (Weir, 1999). Studies have shown an inverse relationship between Vitamin D3 and blood pressure (Li et al., 2002). While studies have been performed on vitamin D's effect on renin expression, little is known about vitamin D's effect on the angiotensin II high-affinity type 1 (ATi) receptor. The hypothesis for this study was that human iliac artery endothelial cells (HIAEC) supplemented with 1,25-dihydroxy vitamin D3 will express less AT] receptor …

Guiding Patrons To Online Health Information: Can Librarians Be Found Liable?, Elaine Gibson

Articles, Book Chapters, & Popular Press

The amount of health information available on the Internet is growing rapidly and information intermediaries are increasingly being asked to help information seekers find and make sense of this information. This activity is for the most part benign from a legal perspective. However, there is a small possibility that, should the intermediary steer an information seeker to information that proves harmful to the seeker, the intermediary may be found liable for injuries incurred. In this paper, we examine the theoretical underpinnings of the relevant laws, clarify the risks, and recommend ways to minimize risk.

Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens

Articles, Book Chapters, & Popular Press

Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …

In The Back Alleys Of Health Care: Abortion, Equality And Community In Canada, Joanna Erdman

Articles, Book Chapters, & Popular Press

The decriminalization of abortion in Canada ensured neither its availability nor accessibility as an integrated and publicly funded health service. While Canadian women are increasingly referred to or seek abortion services from single-purpose clinics, their exclusion from public health insurance often render these services inaccessible. This article considers denied funding for clinic abortion services from the perspective of the Canadian constitutional guarantee of sex equality. The article focuses on the 2004 Court of Queen's Bench's judgment in Jane Doe I v. Manitoba, which framed denied public funding for clinic abortion services as a violation of women's equality rights under the …

Reflections On The Commercialization Of Research Conducted In Public Institutions In Canada, Jocelyn Downie, Matthew Herder

Articles, Book Chapters, & Popular Press

We are presently witnessing a remarkable emphasis upon the commercialization of research in public institutions around the world. The issue is polarizing within the academic community, but the commercialization of research in public institutions has, in itself, largely failed to capture the public imagination. Nothing suggests that a large-scale debate on this issue is forthcoming in Canada or elsewhere. The purpose of this paper is therefore to build the case for why large-scale debate is necessary and to set the stage for that debate by providing an account of all of the alleged benefits and harms of commercialization. Our review …

Counting Outsiders: A Critical Exploration Of Outsider Course Enrollment In Canadian Legal Education, Kim Brooks, Natasha Bahkt, Gillian Calder, Jennifer Koshan, Sonia Lawrence, Carissima Mathen, Debra L. Parkes

Articles, Book Chapters, & Popular Press

In response to anecdotal concerns that student enrollment in "outsider" courses, and in particular feminist courses, is on the decline in Canadian law schools, the authors explore patterns of course enrollment at seven Canadian law schools. Articulating a definition of "outsider" that describes those who are members of groups historically lacking power in society, or traditionally outside the realms of fashioning, teaching, and adjudicating the law, the authors document the results of quantitative and qualitative surveys conducted at their respective schools to argue that outsider pedagogy remains a critical component of legal education. The article situates the numerical survey results …

Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag

Articles, Book Chapters, & Popular Press

We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …

Government Advertising Space: Lessons For The 'Choose Life' Specialty License Plate Controversy, Dara Purvis

Faculty Scholarship

As license plates emblazoned with the message “Choose Life” have proliferated in twenty-four states, so too have lawsuits challenging such specialty license plates. The holdings of such cases have run the gamut, resulting in a three-way circuit split among the Fourth, Fifth, and Sixth Circuits. Analysis of the controversy up to this point has not considered an illuminating analogy: advertising space owned and operated by the government. Examining the parallels between advertising space and specialty license plates informs doctrinal analysis of the dispute, demonstrating that state legislatures may not use the current practice of individually establishing specialty license plates through …

Please, Let's Bury The Junk: The Codis Loci And The Revelation Of Private Information, David H. Kaye

Faculty Scholarship

This Northwestern University Law Review Colloquy paper describes the four possible ways in which genetic loci could possess predictive or diagnostic value with regard to diseases and explains why these mechanisms have not led, and probably cannot lead, to useful screening tests with the Convicted Offender DNA Index System (CODIS) profiles in national, state, and local databases. It then considers the phenotypes and familial relationships that the CODIS STRs can be used to identify. The profiles carry limited information about an individual's race and familial relationships, and the article places the resulting privacy issues in perspective. Finally, the paper comments …

A Comprehensive Analysis Of Mri Research Risks: In Support Of Full Disclosure, Jennifer Marshall, Toby Martin, Jocelyn Downie, Krisztina Malisza

Articles, Book Chapters, & Popular Press

Magnetic resonance imaging (MRI) procedures have been used for over 20 years. This modality is considered relatively safe and holds great promise. Yet, MRI has a number of risks. In order for MRI research to meet the Canadian standard of disclosure, the investigator must communicate and make note of all risks in their research protocols and consent forms. Those creating and reviewing research protocols and consent forms must take notice of the different circumstances under which MRI poses a risk. First, this paper will describe the current standard of disclosure in Canada for research participants. Second, the paper will provide …

When Is It Permissable To Dismiss A Family Who Refuses Vaccinces? Legal, Ethical And Public Health Perspectives, Beth Halperin, Ryan Melnychuk, Jocelyn Downie, Noni Macdonald

Articles, Book Chapters, & Popular Press

Although immunization is one of the most important health inter- ventions of the 20th century, cases of infectious disease continue to occur. There are parents who refuse immunization for their children, creating a dilemma for the primary care physician who must consider the best interest of the individual child as well as that of the commu- nity. Some physicians, when faced with parents who refuse immuniza- tion on behalf of their children, choose to dismiss these families from their practice. Given the existing shortage of primary care physicians across Canada, this decision to dismiss families based on vaccine refusal has …

Testing The Waters: Jurisdictional And Policy Aspects Of The Continuing Failure To Remedy Drinking Water Quality On First Nations Reserves, Constance Macintosh

Articles, Book Chapters, & Popular Press

This paper considers why, from a policy and legal perspective, there is such a disparity between the water quality on First Nations reserves, and that experienced in the majority of other Canadian communities. This involves engaging with how jurisdictional allocations, governmental policies, statutory or policy-del-egated mandates, and operational practices con-verge. In this discussion, two inter-related tensions emerge. The first is between Aboriginal aspirations to self-govern and community capacity to effectively engage in governance activities. The second is Canada's proper role and responsibilities in resolving the governance/capacity tension, and in resolving the water quality problems.

This paper ultimately concludes that the …

Consumers And Citizens In The Global Agrifood System: The Cases Of New Zealand And South Africa In The Global Red Meat Chain, Keiko Tanaka, Elizabeth Ransom

Sociology and Anthropology Faculty Publications

This chapter aims to show that the process of changing rules within the capitalist market system, specifically meat safety governance reform in New Zealand and South Africa, raises profound obstacles for human agency, yet opens new spaces for conceptualizing who participates in promoting change. Agency and structure are complex concepts with dueling tensions that alter the form and substance (as Wright and Middendorf argue in their Introduction to this volume) of individual and collective action in the red meat commodity chains of these two countries. We show that, far from being monolithic, the ways in which capitalism and a changing …

A Tale Of Two Priests And Two Struggles: Liberation Theology From Dictatorship To Democracy In The Brazilian Northeast, Jan Hoffman French

Sociology and Anthropology Faculty Publications

Land for the landless, food for the hungry, literacy for the uneducated— not through charitable works, but by forcing the state to take seriously its responsibilities to its poorest citizens. This was integral to the theology of liberation as it was practiced by bishops, priests, and nuns in Brazil beginning shortly after the close of the Second Vatican Council in 1965. Important sectors of the Brazilian Catholic Church were “opting for the poor” at a time when economic development, modernization, and democracy were not considered appropriate or meaningful partners in the repressive environment characterized by the Brazilian military dictatorship (1964-1985).