Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (13)
- Intellectual Property Law (9)
- Medicine and Health Sciences (6)
- Public Health (6)
- International Public Health (5)
-
- Other Public Health (5)
- Environmental Law (4)
- Law and Society (4)
- Administrative Law (3)
- Civil Rights and Discrimination (3)
- Food and Drug Law (3)
- State and Local Government Law (2)
- Tax Law (2)
- Torts (2)
- Agriculture Law (1)
- Animal Law (1)
- Education Law (1)
- Energy and Utilities Law (1)
- Evidence (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Health Policy (1)
- Health and Medical Administration (1)
- Insurance Law (1)
- International Law (1)
- International Trade Law (1)
- Land Use Law (1)
- Law and Psychology (1)
- Legal History (1)
- Institution
-
- Selected Works (7)
- University of Michigan Law School (4)
- Boston University School of Law (2)
- American University Washington College of Law (1)
- Chicago-Kent College of Law (1)
-
- Pepperdine University (1)
- SelectedWorks (1)
- Southern Methodist University (1)
- The University of Akron (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of New Hampshire (1)
- University of South Carolina (1)
- Valparaiso University (1)
- Western New England University School of Law (1)
- Publication
-
- Faculty Scholarship (3)
- University of Michigan Journal of Law Reform (2)
- Akron Law Faculty Publications (1)
- Alice Kaswan (1)
- Articles (1)
-
- Articles in Law Reviews & Other Academic Journals (1)
- Brian C. Murchison (1)
- Chicago-Kent Journal of Intellectual Property (1)
- Daniel J Gervais (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications (1)
- Frank A. Pasquale (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Katharine Van Tassel (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- Other Publications (1)
- Ryan G. Vacca (1)
- Student Competition Writings (1)
- Taunya Lovell Banks (1)
- University of Colorado Law Review (1)
- Yaniv Heled (1)
- Publication Type
- File Type
Articles 1 - 25 of 25
Full-Text Articles in Law
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Plain Packaging And The Interpretation Of The Trips Agreement, Daniel J. Gervais, Susy Frankel
Daniel J Gervais
Plain packaging of cigarettes as a way of reducing tobacco consumption and its related health costs and effects raises a number of international trade law issues. The plain packaging measures adopted in Australia impose strict format requirements on word trademarks (such as Marlboro or Camel) and ban the use of figurative marks (colors, logos, etc.). As a result, questions have been raised as to plain packaging’s compatibility with the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). WTO members can validly take measures to protect and promote public health, but in doing so they …
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks
Still Drowning In Segregation: Limits Of Law In Post-Civil Rights America, Taunya L. Banks
Taunya Lovell Banks
Approximately 40% of the deaths attributed to Hurricane Katrina in 2005 were caused by drowning. Blacks in the New Orleans area accounted for slightly more than one half of all deaths. Some of the drowning deaths were preventable. Too many black Americans do not know how to swim. Up to seventy percent of all black children in the United States have no or low ability to swim. Thus it is unsurprising that black youth between 5 and 19 are more likely to drown than white youths of the same age. The Centers for Disease Control concludes that a major factor …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Akron Law Faculty Publications
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Treating Physicians As Expert Witnesses In Compensation Systems: The Public Health Connection, Brian C. Murchison
Brian C. Murchison
Not available.
Towards A Public Health Legal Structure For Child Welfare, Josh Gupta-Kagan
Towards A Public Health Legal Structure For Child Welfare, Josh Gupta-Kagan
Faculty Publications
The present American child welfare system infringes upon the fundamental liberty interests of millions of children and parents, is adversarial and punitive, and fails to prevent child maltreatment or protect children adequately from its most severe forms. Many in the field now recognize that a public health model would more effectively support the parent-child relationship and protecting children from maltreatment than the current paradigm. Despite much attention to such an approach, the field has yet to develop a clear vision for how the law could or should support a public health approach or shape the actions of individuals and institutions …
Rebuttable Presumption Of Public Interest In Protecting The Public Health --The Necessity For Denying Injunctive Relief In Medically-Related Patent Infringement Cases After Ebay V. Mercexchange, Lance Wyatt
Chicago-Kent Journal of Intellectual Property
The public’s interest in medicine and good health is substantial. However, this interest is harmed when important medical devices or pharmaceuticals, although infringing on valid patents, are suddenly taken off the market after a court grants a permanent injunction. While permanent injunctions were automatically granted by the Federal Circuit before the Supreme Court’s holding in eBay v. MercExchange, courts now have more discretion to deny injunctive relief. Now that courts have this newfound discretion after eBay, the public should no longer expect to be harmed by the sudden removal of medical supplies. Unfortunately, this has not been the course that …
An Experiment In Law Reform: Amchem Products V. Windsor, Patrick M. Hanlon
An Experiment In Law Reform: Amchem Products V. Windsor, Patrick M. Hanlon
University of Michigan Journal of Law Reform
The Supreme Court's 1997 decision in Amchem Products, Inc. v. Windsor struck down the most ambitious settlement class action ever attempted. The settlement was, however, the logical outgrowth of the federal judiciary's efforts in the early 1990s to resolve a "disaster" of "critical proportions." Many factors, not least the Supreme Court's decision in Amchem, turned the tide against this trend. Ironically, however, the post-Amchem world has come to look a lot like Amchem. The settlement's central feature-deferral of unimpaired claims to assure the availability of resources to compensate the sick-was subsequently incorporated (either by statute or through judicial decision) into …
Limiting “Sugary Drinks” To Reduce Obesity — Who Decides?, Wendy K. Mariner, George J. Annas
Limiting “Sugary Drinks” To Reduce Obesity — Who Decides?, Wendy K. Mariner, George J. Annas
Faculty Scholarship
When a judge struck down the New York City Board of Health's partial ban on selling “sugary drinks” in containers of more than 16 fluid ounces, the reaction was swift. The Portion Cap Rule was widely viewed as a signature accomplishment of Mayor Michael Bloomberg's third term as the “public health mayor,” and he vowed to appeal, saying, “I've got to defend my children, and yours, and do what's right to save lives. Obesity kills.” But the question before the judge was not about the health risks posed by obesity or even the relationship between obesity and access to large …
Hiv Reporting In California: By Name Or By Number?, Nicole Kamm
Hiv Reporting In California: By Name Or By Number?, Nicole Kamm
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Taxing Food And Beverage Products: A Public Health Perspective And A New Strategy For Prevention, Jennifer L. Pomeranz
Taxing Food And Beverage Products: A Public Health Perspective And A New Strategy For Prevention, Jennifer L. Pomeranz
University of Michigan Journal of Law Reform
The power to tax and spend is considered a primary government power, and the use thereof is associated with great public health achievements. The greatest public health challenge at present stems from the increase in obesity and chronic diseases due to poor nutrition. Several taxation strategies have emerged in the health and economic literature to raise revenue, deter consumption, and address food prices and obesity directly. These proposals include taxing obese individuals, taxing problematic food products, and instituting a tax based on certain food components. This article weighs each proposal's value and disadvantages and concludes by proposing a new tax …
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
A Hen In The Parlor: Municipal Control And Enforcement Of Residential Chicken Coops, Chris Erchull
Student Competition Writings
The locavore movement and similar trends in sustainable agriculture and health are renewing interest in backyard residential chicken coops. This Article analyzes some of the regulatory approaches cities and towns have taken to address backyard residential chicken coops. The Article focuses on how regulation can support and encourage the beneficial aspects of keeping backyard chickens while mitigating the potential harmful impact of excessive or irresponsibly managed residential chicken coops. In particular, the Article examines common trends in local regulation, like limits on the number and sex of birds allowed in each residential yard, setback and structural requirements, and animal welfare …
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart
All Roads Lead From Vietnam To Your Home Town: How Veterans Have Become Casualties Of The War On Drugs, Susan Stuart
Law Faculty Publications
No abstract provided.
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Ryan G. Vacca
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale Iii, Elizabeth A. Reilly, Jeffrey Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Law Faculty Scholarship
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …
Guidance From Vaccination Jurisprudence, Michael Ulrich
Guidance From Vaccination Jurisprudence, Michael Ulrich
Faculty Scholarship
The lengthy history of case law covering compulsory vaccination policies state consistently that conscientious exemptions and evaluating their validity can be difficult, administratively cumbersome, and potentially unconstitutional.
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Faculty Scholarship
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
'No Body Left Behind': Re-Orienting School-Based Childhood Obesity Interventions, Lindsay Wiley
Articles in Law Reviews & Other Academic Journals
Although there are now laws on the books in virtually every jurisdiction aimed at addressing childhood obesity in K-12 schools, these efforts are inadequate and may even be misguided in important ways. Efforts aimed at health promotion - through healthier eating and increased physical activity - remain woefully underfunded even as they proliferate at every level of government. It is one thing to enact a requirement that all schools offer a minimum number of minutes of physical education each week or that school lunches include more fruits and vegetables. But it is quite another to make the budgetary commitment to …
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Toward A Sustainable Future: An Environmental Agenda For The Second Term Of The Obama Administration, David M. Uhlmann
Other Publications
Much was at stake in the Presidential election of 2012, which was marked by heated debate over the trajectory of the economy, the expiration of the Bush tax cuts, and the fat of the President's health care plan. The candidates disagreed about nearly every issue from foreign policy and the war on terror to a woman's right to choose and same-sex marriage. Lost amid the din and never mentioned in the Presidential debates or most of the campaign speeches was another divisive topic: how our environmental laws and policies should address global climate change and chart a sustainable future for …
A Just And Healthy Future For The 100 Percent, Bill Hedden
A Just And Healthy Future For The 100 Percent, Bill Hedden
University of Colorado Law Review
No abstract provided.
Do Graphic Tobacco Warnings Violate The First Amendment?, Nathan Cortez
Do Graphic Tobacco Warnings Violate The First Amendment?, Nathan Cortez
Faculty Journal Articles and Book Chapters
When Congress passed the nation’s first comprehensive tobacco bill in 2009, it replaced the familiar Surgeon General’s warnings, last updated in 1984, with nine blunter warnings. The law also directed the U.S. Food and Drug Administration ('FDA') to require color graphics to accompany the textual warnings. By law, the warnings would cover the top fifty percent of the front and back of tobacco packaging and the top twenty percent of print advertisements, bringing the United States closer to many peer countries that now require graphic warnings. Tobacco companies challenged the requirement on First Amendment grounds, arguing that the compelled disclosures …
Taxing The Platypygous, James J. White
Taxing The Platypygous, James J. White
Articles
This Article maintains that obesity in the United States is an enormous public health issue that causes the health care costs of the obese Americans greatly to exceed those of citizens of normal weight. Recognizing that that much of that cost will be born by publicly financed programs and that the taxes supporting those programs will constitute an externality that the fat impose on the thin, the Article proposes a tax on high calorie food-but only when that food is purchased by the obese. The Article addresses many of the administrative, moral and other objections to a tax aimed at …
Seven Principles For Equitable Adaptation, Alice Kaswan
Seven Principles For Equitable Adaptation, Alice Kaswan
Alice Kaswan
Given the inevitability of serious climate impacts, climate change adaptation is becoming an urgent priority. Policy makers at the local, regional, state, and federal level are struggling to determine how to parlay existing authorities and develop new measures to avoid future calamity.
Successful adaptation will require not only attention to physical infrastructure, but to the underlying socioeconomic conditions that strongly determine the severity of climate impacts. Given the importance of underlying socioeconomic factors, this essay argues that equity should be a central feature of emerging domestic climate adaptation initiatives. It suggests seven principles for achieving equitable adaptation, principles designed to …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Frank A. Pasquale
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Katharine Van Tassel
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, Jim Chen, Jay Dratler Jr., Tom Folsom, Timothy Hall, Yaniv Heled, Frank Pasquale, Elizabeth Reilly, Jeff Samuels, Kathy Strandburg, Kara Swanson, Andrew Torrance, Katharine Van Tassel
Yaniv Heled
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions.
Led by the moderator, participants at the Forum focused generally on three broad …