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Full-Text Articles in Medicine and Health Sciences
Vaccine Liability In The Supreme Court: Forging A Social Compact, John D. Kraemer, Lawrence O. Gostin
Vaccine Liability In The Supreme Court: Forging A Social Compact, John D. Kraemer, Lawrence O. Gostin
John D Kraemer
In its decision in Bruesewitz v. Wyeth LLC, the Supreme Court ruled that state products liability suits that allege design defects in vaccines are preempted by the National Childhood Vaccine Injury Act. This decision, the third in a trilogy of Supreme Court preemption cases that deal with products liability suits for health commodities, preserves the Vaccine Injury Compensation Program and the delicate balance between ensuring the vaccine supply and compensating injuries that it enables. Failing to preempt state product liability suits would have exposed vaccine manufacturers to substantial litigation costs defending unfounded claims about autism.
An Empirical Examination Of The Factors Associated With The Commutation Of State Death Row Prisoners’ Sentences Between 1986 And 2005, John D. Kraemer
An Empirical Examination Of The Factors Associated With The Commutation Of State Death Row Prisoners’ Sentences Between 1986 And 2005, John D. Kraemer
John D Kraemer
Commutation is usually a death row prisoner’s last hope of evading his or her capital sentence. However, unlike many other stages of the death penalty process, little research focuses on the factors that affect decisions to commute or allow a death sentence to go forward, and that which has been conducted utilizes data which is now nearly a decade old. This paper seeks to examine personal and demographic factors associated with commutation decisions and to resolve incon- sistent findings in the prior research. Using the statistical method of multiple logistic regression, this paper finds statistically significant disparities in the odds …
Screening Of Prisoners For Hiv: Public Health, Legal, And Ethical Implications, John D. Kraemer
Screening Of Prisoners For Hiv: Public Health, Legal, And Ethical Implications, John D. Kraemer
John D Kraemer
Inmates are disproportionately impacted by HIV/AIDS in the United States. As a result, correctional health systems have often screened prisoners -- either at entry or while incarcerated -- for HIV. This paper assesses the likely public health impact of such programs and concludes that they can be beneficial so long as screening programs are linked with adequate prevention and treatment. It also assesses the conditions under which screening programs comply with or violate United States constitutional law and ethical norms.
Blocking Humanitarian Assistance: A Crime Against Humanity?, John D. Kraemer, Dhrubajyoti Bhattacharya, Lawrence O. Gostin
Blocking Humanitarian Assistance: A Crime Against Humanity?, John D. Kraemer, Dhrubajyoti Bhattacharya, Lawrence O. Gostin
John D Kraemer
Governments have the duty to respect, protect, and fulfill the right to health. During humanitarian emergencies, governments continue to have these duties. When large numbers of people are in grave risk of death or irreparable harm during humanitarian emergencies, governments have an obligation to mitigate that risk or, if they lack the resources, to allow and facilitate support from the international community. To block international assistance, as Burma did after Cyclone Nargis, can constitute a crime against humanity under international law.