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Full-Text Articles in Law

The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan Sep 2007

The Human Factor: Globalizing Ethical Standards In Drug Trials Through Market Exclusion, Fazal R. Khan

Fazal Khan

This paper proposes a framework of international soft law and domestic drug regulations to a priori remove incentives for unethical clinical drug research in developing nations. The globalization of drug testing is very problematic from a bioethics perspective. While stringent regulations in the U.S. or E.U. may pose an adequate check on unethical research practices, many multinational corporations are engaging in regulatory arbitrage by outsourcing ethically questionable research to countries with less restrictive regulations. Given the tremendous financial reward a blockbuster therapy might generate, there is a strong incentive to move more research and development to countries with even looser …


Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck Jan 2007

Importing Western Style, Exporting Tragedy: Changes In Indian Patent Law And Their Impact On Aids Treatment In Africa, Pooja Van Dyck

Northwestern Journal of Technology and Intellectual Property

No abstract provided.


Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie Jan 2007

Aids, Employment, And The Direct Threat Defense: The Burden Of Proof And The Circuit Court Split, Sarah R. Christie

Fordham Law Review

This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective …