Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Selected Works

2009

Discipline
Institution
Keyword
Publication
File Type

Articles 61 - 90 of 3632

Full-Text Articles in Law

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg Dec 2009

The Potential For Discrimination In Health Insurance Based On Predictive Genetic Tests, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg Dec 2009

Myth And Reality: The Threat Of Medical Malpractice Claims By Low Income Women, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson Dec 2009

National Institutes Of Health Workshop Statement. Reproductive Genetic Testing: Impact On Women, Karen H. Rothenberg, Elizabeth Thomson

Karen H. Rothenberg

No abstract provided.


Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg Dec 2009

Gestational Surrogacy And The Health Care Provider: Put Part Of The "Ivf Genie" Back Into The Bottle, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen Rothenberg Dec 2009

Who Cares?: The Evolution Of The Legal Duty To Provide Emergency Care, Karen Rothenberg

Karen H. Rothenberg

No abstract provided.


The Social Implications Of The Use Of Stored Tissue Samples: Context, Control, And Community, Karen H. Rothenberg Dec 2009

The Social Implications Of The Use Of Stored Tissue Samples: Context, Control, And Community, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman Dec 2009

Cancer Genetic Susceptibility Testing: Ethical And Policy Implications For Future Research And Clinical Practice, Benjamin S. Wilfond, Karen H. Rothenberg, Elizabeth J. Thomson, Caryn Lerman

Karen H. Rothenberg

No abstract provided.


Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy Dec 2009

Something Old, Something New: The Challenge Of Tuberculosis Control In The Age Of Aids, Karen H. Rothenberg, Elizabeth C. Lovoy

Karen H. Rothenberg

No abstract provided.


"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg Dec 2009

"Being Human": Cloning And The Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


Privacy In Genetics Research, Barbara Fuller, Mary Jo Ellis Kahn, P. A. Barr, L. Biesecker, E. Crowley, J. Garber, M. K. Mansoura, Patricia Murphy, J. Murray, J. Phillips, Karen H. Rothenberg, Mark Rothstein, J. Stopfer, Gary Swergold, B. Weber, Francis Collins, Kathy Hudson Dec 2009

Privacy In Genetics Research, Barbara Fuller, Mary Jo Ellis Kahn, P. A. Barr, L. Biesecker, E. Crowley, J. Garber, M. K. Mansoura, Patricia Murphy, J. Murray, J. Phillips, Karen H. Rothenberg, Mark Rothstein, J. Stopfer, Gary Swergold, B. Weber, Francis Collins, Kathy Hudson

Karen H. Rothenberg

No abstract provided.


Toward A Framework Of Mutualism: The Jewish Community In Genetics Research, Karen H. Rothenberg, Amy B. Rutkin Dec 2009

Toward A Framework Of Mutualism: The Jewish Community In Genetics Research, Karen H. Rothenberg, Amy B. Rutkin

Karen H. Rothenberg

No abstract provided.


Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg Dec 2009

Advances In Genetic Research And Technologies: Challenges For Public Policy, Karen H. Rothenberg

Karen H. Rothenberg

No abstract provided.


International Commercial Arbitration And The Transformation Of The Conflict Of Laws Theory, Markus A. Petsche Dec 2009

International Commercial Arbitration And The Transformation Of The Conflict Of Laws Theory, Markus A. Petsche

markus a petsche

No abstract provided.


Account Me In: Agencies In Quest Of Accountability, Dorit R. Reiss Dec 2009

Account Me In: Agencies In Quest Of Accountability, Dorit R. Reiss

Dorit R. Reiss

This articles adds to the literature about accountability by examining the little-studied phenomenon of agencies making efforts—sometimes substantial efforts - to be accountable. It briefly describes how three agencies—the EPA, the FDA and especially the IRS—worked to increase their accountability. It demonstrates that agencies are often not the enemy in the “accountability game”. In today’s world agencies, contrary to the stereotype, often buy into the language and practice of accountability. It addresses three arguments for this behavior: a rational choice argument based on comparison of the costs of non-accountability with the benefits of accountability; a power of ideas argument showing …


“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus Dec 2009

“Aspectos Jurídicos Del Delito De Trata De Personas En Colombia: Aportes Desde El Derecho Internacional, Derecho Penal Y Las Organizaciones No Gubernamentales”, Andres Barreto, Beatriz Londoño, Antonio Varon, Andrea Mateus

Andres Barreto

La preocupación por el fenómeno de la trata de personas en el escenario internacional ha sido una constante para los Estados desde mediados del siglo XIX. En Colombia la legislación que condena el delito empezó su recorrido desde el Código Penal de 1980, en donde se castigaba con penas de prisión de 2 a 6 años a todo aquel que promoviere la entrada o salida del país de mujer o menor de edad para ejercer la prostitución. Sin embargo, la complejidad de las redes criminales de este crimen transnacional empezó a evidenciar que la trata no solo se cometía sobre …


The Sound Of Silence: Eligibility Qualifications And Article Iii, James F. Ianelli Dec 2009

The Sound Of Silence: Eligibility Qualifications And Article Iii, James F. Ianelli

James Ianelli

The Constitution’s eligibility qualifications in Articles I and II have drawn increased scrutiny in recent national elections. No scholarship to date, however, has examined why the Framers omitted any comparable qualifications from Article III. This paper presents the question of what made the judiciary unique relative to the other branches such that any nominated and confirmed candidate could sit on the federal bench.

The answer to this question sheds new light on the wisdom of eligibility qualifications in Articles I and II. Although no direct historical record details the basis for the omission, a number of factors appear relevant. Without …


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Torture, Impunity, And The Need For Independent Prosecutorial Oversight, Fran Quigley Dec 2009

Torture, Impunity, And The Need For Independent Prosecutorial Oversight, Fran Quigley

Fran Quigley

When executive branch misconduct is alleged, an inherent conflict of interest is presented by investing prosecutorial discretion in a U.S. Attorney General appointed by, and serving at the pleasure of, the President.

Various commentators, including Justice Antonin Scalia, Professor Stephen Carter, and the many critics of the former independent counsel statute, have posited that this conflict will be overcome by checks on executive power provided by the legislative branch, the judiciary, and political pressure.

That sanguine view of adequate executive branch oversight was put to the test when acts of torture were authorized by high-level members of the George W. …


Medical Malpractice Reform?, Robert B. Leflar Dec 2009

Medical Malpractice Reform?, Robert B. Leflar

Robert B Leflar

Column 3 (of 5) on health reform: Medical malpractice reform proposals


Test Your Legal Literacy By Answering One Question, John M. Bosco Dec 2009

Test Your Legal Literacy By Answering One Question, John M. Bosco

John M Bosco

No abstract provided.


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger Dec 2009

Yes, Virginia: The President Can Deploy Federal Troops To Prevent The Loss Of A Major American City From A Devastating Natural Catastrophe, Michael Greenberger

Michael Greenberger

As a direct response to the lackadaisical and much criticized federal handling of Hurricane Katrina, a critical provision within the Fiscal Year 2007 Defense Authorization Act amended in October 2006 the Insurrection Act to allow the President to deploy Federal troops to respond to catastrophic natural disasters and other major domestic emergencies without a prior request from affected state or local governments. This amendment was passed over universal and bipartisan opposition by the Nation's governors, all of whom claimed that this provision upends the delicate balance between Federal and state responsibilities for responding to natural disasters. In fact, this amendment …


The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger Dec 2009

The Alfonse And Gaston Of Governmental Response To National Public Health Emergencies: Lessons Learned From Hurricane Katrina For The Federal Government And The States, Michael Greenberger

Michael Greenberger

Hurricane Katrina renewed an old debate concerning which level of government should lead the response effort to catastrophic disasters. Traditionally, emergency response is handled at the most local level possible. Hurricane Katrina, however, and other catastrophes that may be labeled "Incidents of National Significance," are examples of emergencies of such magnitude that federal assets must be brought to bear to respond adequately to the situation. As such Incidents will almost always affect interstate commerce, Congress' commerce powers justify federal intervention in, and if necessary, supervision of the response. In such situations, the National Response Plan provides for extensive coordination between …


The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger Dec 2009

The Role Of The Federal Government In Response To Catastrophic Health Emergencies: Lessons Learned From Hurricane Katrina, Michael Greenberger

Michael Greenberger

In much of the recent thought devoted to the role of states in responding to catastrophic public health emergencies, as most clearly evidenced by the commentary surrounding the Centers for Disease Control and Prevention- sponsored Model State Emergency Health Powers Act (Model Act), there is a focus on state governments being viewed as the exclusive controlling governmental agent supervising the governmental response. Much of that thinking is premised on a view of limitations placed on Congress’ power to act in public health emergencies emanating from Commerce Clause restrictions in the Supreme Court decisions of U.S. v. Lopez, 514 U.S. 549 …


Lessons From Enron: An Oversight Hearing On Gas Prices And Energy Trading, Michael Greenberger Dec 2009

Lessons From Enron: An Oversight Hearing On Gas Prices And Energy Trading, Michael Greenberger

Michael Greenberger

No abstract provided.


Choking Bioshield: The Department Of Homeland Security's Stranglehold On Biodefense Vaccine Development, Michael Greenberger Dec 2009

Choking Bioshield: The Department Of Homeland Security's Stranglehold On Biodefense Vaccine Development, Michael Greenberger

Michael Greenberger

One of the bright milestones toward the development of a vibrant biodefense vaccine industry was the passage of the Project BioShield Act of 2004. That statute was designed "to provide protections and countermeasures against chemical, radiological, or nuclear agents that may be used in a terrorist attack against the United States". It encourages the development of effective countermeasures by establishing the Special Reserve Fund of $5.6 billion to be spent over ten years to assure pharmaceutical and biotechnology manufacturers that there is a ready market for their products through purchases by the government for the Strategic National Stockpile. The Act …


Teaching New Dogs Old Tricks: Reshaping The Department Of Homeland Security's Technology Development Infrastructure, Michael Greenberger Dec 2009

Teaching New Dogs Old Tricks: Reshaping The Department Of Homeland Security's Technology Development Infrastructure, Michael Greenberger

Michael Greenberger

This article discusses the Department of Homeland Security’s (DHS’s) use of technology to help fight the war on terror. First, this article reveals how DHS has made little progress in encouraging the development of important technology, despite receiving ample resources from Congress to do so. Second, this article looks to the Office of War Mobilization’s (OWM) work during World War II as a possible template for galvanizing the Nation’s technological talent and resources to fight terror. Third, this article suggests a program for refining the OWM template to meet modern day needs. In this regard, DHS is the “new dog,” …


The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger Dec 2009

The Need For Closed Circuit Television In Mass Transit Systems, Michael Greenberger

Michael Greenberger

Closed circuit television video (CCTV) surveillance systems need to be introduced or enhanced in the public areas within United States’ mass transit systems. London’s extensive system was used very successfully in the investigation of the July 2005 terrorist attacks on its subway and bus systems. That effective investigatory use of CCTV is very likely to be a significant deterrence to future terrorist activities on London mass transit. The United States must be prepared in the event of similar attacks on its soil. As roughly twenty times more people travel by mass transit than by air, it is time for this …


Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger Dec 2009

Energy Market Manipulation And Federal Enforcement Regimes, Michael Greenberger

Michael Greenberger

No abstract provided.


Comment: Relocation, Accidental Inequalities, And The Equal Protection Doctrine, Michael Greenberger Dec 2009

Comment: Relocation, Accidental Inequalities, And The Equal Protection Doctrine, Michael Greenberger

Michael Greenberger

No abstract provided.