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Full-Text Articles in Law

Commonhealth: Mass. A National Leader In Overdose Prevention, Leo Beletsky, Alexander Walley Nov 2012

Commonhealth: Mass. A National Leader In Overdose Prevention, Leo Beletsky, Alexander Walley

Leo Beletsky

In this interview on Radio Boston, Leo Beletsky and Alexander Walley discuss their viewpoint piece, “Prevention of Fatal Opioid Overdose,” which appeared in the Nov. 14, 2012 issue of the Journal of the Medical American Association.


Prevention Of Fatal Opioid Overdose, Leo Beletsky Nov 2012

Prevention Of Fatal Opioid Overdose, Leo Beletsky

Leo Beletsky

Opioid overdose is a burgeoning public health crisis, accounting for at least 16,000 deaths annually in the United States. Opioid overdose occurs across sex, ethnic, age, and geographic strata and involves both medical and nonmedical opioid use. To date, federal government response has focused primarily on monitoring and securing the drug supply. This Viewpoint suggests various steps necessary to support a more comprehensive approach.


Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan R. K. Stroud Nov 2012

Reviewing The American University Law Review On Extraterritoriality: A Critical Response To Viki Economides, Note, Tianrui Group Co. V. Itc: The Dubious Status Of Extraterritoriality And The Domestic Industry Requirement Requirement Of Section 337(Link), Jonathan R. K. Stroud

Jonathan R. K. Stroud

Recently, the Federal Circuit upheld the Commission’s decision to exclude goods based on a trade secret violation that largely happened abroad. The American University Law Review critiqued that decision on two grounds: First, that a presumption against extraterritorial application of U.S. law applied; and second, that licensing alone could not establish a domestic industry. The American University Law Review's critique remains incomplete, however, as the Federal Circuit correctly decided the case for at least two reasons. first, the Federal Circuit correctly applied the “extraterritorial presumption” canon of construction; and second, the recent Federal Circuit decision in InterDigital Communications LLC v. …


Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson Jul 2012

Altruism Trumping Privacy Hipaa, Privacy, Big Data Set Benefits, Douglas J. Henderson

DOUGLAS J HENDERSON

The United States Government must administer a publicly held cloud networked Big Data Set of Private Health Information (PHI) in order to utilize Big Data Analytics and allow free data mining of such PHI so that the health care industry can operate most cost effectively while also meeting the health care needs of the aging United States populace with the highest quality of care.


The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage Jun 2012

The Supreme Court's Health Care Decision And The Problem With Relyng On The Taxing Power, David Gamage

David Gamage

No abstract provided.


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8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente Apr 2012

8. Child Witnesses And The Confrontation Clause., Thomas D. Lyon, Julia A. Dente

Thomas D. Lyon

After the Supreme Court’s ruling in Crawford v. Washington that a criminal defendant’s right to confront the witnesses against him is violated by the admission of testimonial hearsay that has not been cross-examined, lower courts have overturned convictions in which hearsay from children was admitted after child witnesses were either unwilling or unable to testify. A review of social scientific evidence regarding the dynamics of child sexual abuse suggests a means for facilitating the fair receipt of children’s evidence. Courts should hold that defendants have forfeited their confrontation rights if they exploited a child’s vulnerabilities such that they could reasonably …


27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon Mar 2012

27. Does Valence Matter? Effects Of Negativity On Children's Early Understanding Of Truths And Lies., Lindsay Wandrey, Jodi A. Quas, Thomas D. Lyon

Thomas D. Lyon

Early deceptive behavior often involves acts of wrongdoings on the part of children. As a result, it has often been assumed, although not tested directly, that children are better at identifying lies about wrongdoing than lies about other activities. We tested this assumption in two studies. In Study 1, 67 3- to 5-year-olds viewed vignettes in which a character truthfully or falsely claimed to have committed a good or bad act. Children were biased to label claims that the character had committed a good act as the truth and claims that the character had committed a bad act as lies. …


Using The Fcb Grid To Evaluate A Failed Mental Health Levy: The Marketing Implications Of Stigma, Oscar T. Mcknight, Ronald Paugh, Steffi Liotta, Wenhui Jin Mar 2012

Using The Fcb Grid To Evaluate A Failed Mental Health Levy: The Marketing Implications Of Stigma, Oscar T. Mcknight, Ronald Paugh, Steffi Liotta, Wenhui Jin

Oscar T McKnight Ph.D.

This research found that using the FCB Grid to develop and evaluate a mental health levy campaign has merit. Likewise, stigma has both positive and negative impact on a mental health levy. Introduced is the ‘STIGMA’ planning model to help mental health professionals pass a public mental health levy.


Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns Mar 2012

Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns

Maxwell L. Stearns

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.


Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns Mar 2012

Individual Mandate Is Constitutional, Leslie Henry, Maxwell Stearns

Leslie Meltzer Henry

Supreme Court should find that key aspect of Obama's signature law is a legitimate exercise of Commerce Clause power.


2011 Scholars And Artists Bibliography, Mark Tebeau Mar 2012

2011 Scholars And Artists Bibliography, Mark Tebeau

Mark Tebeau

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti. Mark Tebeau was the guest speaker


Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel Mar 2012

Ethical Issues In Open Adoption, Frederic Reamer, Deborah Siegel

Deborah H Siegel

Total secrecy and confidentiality no longer typify adoption in the United States. Today, most adoptions involve an exchange of information or some form of contact between the birth family and adoptive family - so-called open adoptions. This article provides a comprehensive overview of ethical issues associated with various forms of open adoption, including issues of privacy, confidentiality, self-determination, paternalism, conflicts of interest, deception, and truthtelling.We present guidelines for social work practice in open adoptions, based on current ethical theory and ethical standards in social work.


11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon Feb 2012

11. Twenty-Five Years Of Interviewing Research And Practice: Dolls, Diagrams, And The Dynamics Of Abuse Disclosure., Thomas D. Lyon

Thomas D. Lyon

A great deal of research in the past 25 years has contributed to our understanding of how best to interview children about suspected maltreatment. The disastrous failures of the highly publicized daycare abuse cases led to a flood of research, initially emphasizing the failures of conventional approaches, and more recently highlighting the potential for eliciting complete and accurate reports.  If a child has disclosed abuse, and is willing to disclose again, we know what to do. Research supports the use of interview instructions, narrative practice rapport building, and the use of open ended questions to elicit and to elaborate on …


Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling Jan 2012

Patently Ours? Constitutional Challenges To Dna Patents, Vincent Ling

Vincent Y. Ling

This Comment analyzes constitutional issues raised by gene patenting and details how the issues apply to various types of DNA patents. In Association for Molecular Pathology v. U.S. Patent & Trademark Office, the Federal Circuit recently held that genes and DNA sequences are patentable under the federal statute for patent eligible subject matter, 35 U.S.C. § 101, but courts have thus far avoided addressing the constitutional challenges raised by plaintiffs. This Comment confronts those constitutional issues and makes a determination as to their strengths and weaknesses. Moreover, it explores additional constitutional issues that may become more salient over time. Ultimately, …


Endgame Visions: How Smoking Became History: Looking Back To 2012, Richard Daynard Dec 2011

Endgame Visions: How Smoking Became History: Looking Back To 2012, Richard Daynard

Richard A. Daynard

No abstract provided.


Strategic Directions And Emerging Issues In Tobacco Control: Allying Tobacco Control With Human Rights: Invited Commentary, Richard Daynard Dec 2011

Strategic Directions And Emerging Issues In Tobacco Control: Allying Tobacco Control With Human Rights: Invited Commentary, Richard Daynard

Richard A. Daynard

No abstract provided.


A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones Dec 2011

A Public Health Approach To Understanding And Preventing Violent Radicalisation., K Bhui, M Hicks, M Lashley, E Jones

Madelyn Hsiao-Rei Hicks

No abstract provided.


Strategic Directions And Emerging Issues In Tobacco Control: Product Liability, Richard Daynard, Eric Legresley Dec 2011

Strategic Directions And Emerging Issues In Tobacco Control: Product Liability, Richard Daynard, Eric Legresley

Richard A. Daynard

No abstract provided.


'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu Dec 2011

'We Have The Right Not To Be "Rescued"…': When Anti-Trafficking Programmes Undermine The Health And Well-Being Of Sex Workers (Peer-Reviewed), Aziza Ahmed, Meena Seshu

Aziza Ahmed

No abstract provided.


The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff Dec 2011

The New First Amendment And Its Implications For Combating Obesity Through Regulation Of Advertising, Tamara R. Piety, Samantha Graff

Tamara R. Piety

This chapter reviews the recent decisions of the Supreme Court as they bear on attempts to combat childhood obesity through regulating marketing and concludes that attempts to regulate marketing will face substantial First Amendment obstacles in the courts.


The Law Of Medical Misadventure In Japan, Robert B. Leflar Dec 2011

The Law Of Medical Misadventure In Japan, Robert B. Leflar

Robert B Leflar

This paper offers a comprehensive overview of Japanese law and practice relating to iatrogenic (medically-caused) injury, with comparisons to other nations’ medical law systems. The paper addresses criminal sanctions for Japanese physicians’ negligent and illegal acts; civil law principles of substantive law and related issues of procedure, practice, and liability insurance; and administrative measures including health ministry programs aimed at expanding and improving the quality of peer review within Japanese medicine, and a recently implemented no-fault compensation system for birth-related injuries. Among the paper’s findings are these. Criminal and civil actions increased rapidly after highly publicized medical error events at …


Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota Dec 2011

Human Flotsam, Legal Fallout: Japan's Tsunami And Nuclear Meltdown, Robert B. Leflar, Ayako Hirata, Masayuki Murayama, Shozo Ota

Robert B Leflar

We report on our field research in Fukushima Prefecture in July 2011. We interviewed legal professionals and community leaders in Fukushima City and in towns inundated by the March 2011 tsunami and within a few kilometers of Fukushima No. 1 nuclear reactor. We catalogued many of the extensive variety of problems faced by Fukushima residents, both evacuees and those who remained in their homes. Many of these problems, both legal and non-legal, arose from government actions as the disaster unfolded and afterwards, including the administration of the initial program for provisional compensation for disaster victims. We learned that in the …


The Health Care Quality Improvement Act Of 1986 Meets The Era Of Health Care Reform: Continuing Themes And Common Threads, Michele L. Mekel Dec 2011

The Health Care Quality Improvement Act Of 1986 Meets The Era Of Health Care Reform: Continuing Themes And Common Threads, Michele L. Mekel

Michele L Mekel

The articles the 13th Annual Southern Illinois Healthcare/Southern Illinois University Health Policy Institute symposium issue of The Journal of Legal Medicine plait the cords connecting 1986’s HCQIA and 2011’s PPACA. Such a historically contextual approach to viewing key themes and how they are stitched, over time, into the fabric of the nation’s health law and policy leads to a much more robust understanding not only of where U.S. health law and policy has come from—and why—but also aids in developing informed and integrated health law and policy moving forward.


26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank Dec 2011

26. “How Did You Feel?”: Increasing Child Sexual Abuse Witnesses’ Production Of Evaluative Information., Thomas D. Lyon, Nicholas Scurich, Karen Choi, Sally Handmaker, Rebecca Blank

Thomas D. Lyon

In child sexual abuse cases, the victim’s testimony is essential, because the victim and the perpetrator tend to be the only eyewitnesses to the crime. A potentially important component of an abuse report is the child’s subjective reactions to the abuse. Attorneys may ask suggestive questions or avoid questioning children about their reactions, assuming that children, given their immaturity and reluctance, are incapable of articulation. We hypothesized that How questions referencing reactions to abuse (e.g., “howdid you feel”) would increase the productivity of children’s descriptions of abuse reactions. Two studiescompared the extent to which children provided evaluative content, defined as …


Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer Dec 2011

Legal Consciousness And Lgbt Research: The Importance Of Law In The Everyday Lives Of Lgbt Individuals, Nancy J. Knauer

Nancy J. Knauer

The law occupies a prominent place in the everyday lives of LGBT individuals, and the continuing regulation and policing of sexuality and gender weighs heavily on many people who identify as LGBT. Despite remarkable progress in the area of LGBT civil rights, LGBT individuals in the United States still lack formal equality and are denied many of the protections that are afforded other historically disadvantaged groups. These legal disabilities represent an ongoing source of minority stress and can produce a correspondingly high degree of “legal consciousness” within the LGBT community. Given the importance of law in LGBT lives, it is …