2024-03-29T13:57:53Z
http://scholarship.law.georgetown.edu/do/oai/
oai:scholarship.law.georgetown.edu:spps_papers-1001
2009-09-02T19:13:23Z
publication:sw
publication:spps_papers
Harry Potter and the Fixation Requirement: An Attempt at Applying the U.S. Copyright Act of 1976 to J.K. Rowling's World of Witchcraft and Wizardry
Liebesman, Yvette Joy
Article
2006-08-01T07:00:00Z
copyright
fixation
harry potter
In the Harry Potter universe, images in photographs and paintings are magically animated. Supposing these items exist, one could posit whether they qualify for copyright protection under current United States law; that is, whether works such as the paintings that hang at Hogwarts meet the subject matter and fixation requirements under the Copyright Act of 1976. The qualifications for protection of works created with such a new technology may already be adequately addressed under the current law. If so, we should question whether legislation should be created to regulate a technology, or protect associated rights, that is either in its infancy or does not yet exist, without a strong public policy reason.
https://scholarship.law.georgetown.edu/spps_papers/2
oai:scholarship.law.georgetown.edu:hpps_papers-1000
2009-09-02T17:35:12Z
publication:sw
publication:hpps_papers
You Can’t Tear it Down: the Origins of the D.C. Historic Preservation Act
Dutra, Jeremy W.
Article
2002-05-01T07:00:00Z
Litigation
https://scholarship.law.georgetown.edu/hpps_papers/1
oai:scholarship.law.georgetown.edu:hpps_papers-1001
2013-06-16T21:54:41Z
publication:sw
publication:hpps_papers
Can Modern Architecture and Historic Preservation be Reconciled? The Definition and Application of "Compatible" as used in the DC Historic Preservation Act
Carlson, M. Jesse
Article
2003-04-28T07:00:00Z
Law
https://scholarship.law.georgetown.edu/hpps_papers/2
oai:scholarship.law.georgetown.edu:hpps_papers-1003
2009-09-02T17:33:47Z
publication:sw
publication:hpps_papers
The Past, Present, and Future of § 4(f) of the Department of Transportation Act
Holt, William
Article
2005-05-01T07:00:00Z
Transportation Law
https://scholarship.law.georgetown.edu/hpps_papers/4
oai:scholarship.law.georgetown.edu:hpps_papers-1002
2009-09-02T17:34:17Z
publication:sw
publication:hpps_papers
Federal Funding for the Preservation of Religious Historic Places : Old North Church and the New Establishment Clause
Sproule, Christen
Article
2004-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/3
oai:scholarship.law.georgetown.edu:hpps_papers-1004
2009-09-02T17:33:26Z
publication:sw
publication:hpps_papers
Trash or Treasure?: Issues Surrounding the Preservation of Post-World War II Vernacular Structures
Casey, Carrie Lynn
Article
2003-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/5
oai:scholarship.law.georgetown.edu:hpps_papers-1012
2009-09-02T17:30:09Z
publication:sw
publication:hpps_papers
The Exemplary Architecture Exception to the District of Columbia Historic Landmark and Historic District Protection Act
Egleston, Pamela
Article
2004-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/13
oai:scholarship.law.georgetown.edu:hpps_papers-1006
2009-09-02T17:32:38Z
publication:sw
publication:hpps_papers
The Role of Easements in Historic Preservation: Implications of Valuing a Property Right as a Commodity
McCall, Dan
Article
2004-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/7
oai:scholarship.law.georgetown.edu:hpps_papers-1013
2009-09-02T17:29:45Z
publication:sw
publication:hpps_papers
Saving the District's Historic Properties from Demolition by Neglect
Thompson, Sakina B.
Article
2004-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/14
oai:scholarship.law.georgetown.edu:hpps_papers-1007
2010-05-13T16:04:05Z
publication:sw
publication:hpps_papers
The Special Merit Exemption Under D.C.'s Historic Preservation Act: An Analysis of 20 Years of Application and Suggestions for the Future
Rugaber, Elizabeth Wohlken
Article
2002-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/8
oai:scholarship.law.georgetown.edu:hpps_papers-1009
2009-09-02T17:31:24Z
publication:sw
publication:hpps_papers
Economic Hardship and Regulatory Takings in the DC Historic Landmark and Historic District Protection Act
Johnson, Jeffrey T.
Article
2004-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/10
oai:scholarship.law.georgetown.edu:hpps_papers-1014
2020-10-15T17:59:20Z
publication:sw
publication:hpps_papers
Not Brick by Brick: Development of Interior Landmark Designation Policies in Washington , D.C.
Silver, Cecilia A.
Article
2004-05-11T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/15
oai:scholarship.law.georgetown.edu:hpps_papers-1010
2009-09-02T17:30:53Z
publication:sw
publication:hpps_papers
Expanding the Role of the District of Columbia Historic Preservation Review Board in Permit Proceedings before the Mayor’s Agent for Historic Preservation
Guenther, Megan
Article
2002-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/11
oai:scholarship.law.georgetown.edu:hpps_papers-1008
2013-06-16T21:55:18Z
publication:sw
publication:hpps_papers
The Vision of Pierre L’Enfant: A City to Inspire, A Plan to Preserve
Worthington, Glen
Article
2005-05-01T07:00:00Z
Historic Preservation and Conservation
https://scholarship.law.georgetown.edu/hpps_papers/9
oai:scholarship.law.georgetown.edu:hpps_papers-1015
2009-09-02T17:28:22Z
publication:sw
publication:hpps_papers
The Vision of Pierre L’Enfant: A City to Inspire, A Plan to Preserve
Wu, Tina Yuting
Article
2005-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/16
oai:scholarship.law.georgetown.edu:hpps_papers-1011
2009-09-02T17:30:31Z
publication:sw
publication:hpps_papers
Preserving Diplomacy over History? Historic Preservation of Chanceries in the District of Columbia Under the Foreign Missions Act
Hurwitz, Michael
Article
2005-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/12
oai:scholarship.law.georgetown.edu:hpps_papers-1005
2009-09-02T17:33:05Z
publication:sw
publication:hpps_papers
The House that the Mayor’s Agent Built: Stare decisis and the Decisions of the Mayor’s Agent Under D.C. Historic Preservation Law
Flock, Brian M.
Article
2005-05-01T07:00:00Z
https://scholarship.law.georgetown.edu/hpps_papers/6
oai:scholarship.law.georgetown.edu:gps_papers-1001
2009-09-02T18:32:28Z
publication:gps_papers
publication:sw
Developing Governance and Regulation for Emerging Capital and Securities Markets
Ibrahim, Ali A.
Article
2006-09-25T07:00:00Z
Securities
Capital market
governance
regulation
Securities Law
https://scholarship.law.georgetown.edu/gps_papers/2
oai:scholarship.law.georgetown.edu:gps_papers-1002
2009-09-02T18:32:02Z
publication:gps_papers
publication:sw
Convergence of Corporate Governance and Islamic Financial Services Industry: Toward Islamic Financial Services Securities Market
Ibrahim, Ali A.
Article
2006-04-22T07:00:00Z
corporate governance
islamic financial services industry
regional securities market
Securities Law
This paper briefly discusses the significance of corporate governance for the Islamic financial services industry. Furthermore, it predicts that the Islamic financial services industry is likely to converge to modern governance practices. The paper also argues that the industry needs to have a homogenous and specialized regional securities market to realize its true potential.
https://scholarship.law.georgetown.edu/gps_papers/3
oai:scholarship.law.georgetown.edu:spps_papers-1003
2009-09-02T19:09:49Z
publication:sw
publication:spps_papers
Foreign Policy and Humanitarianism in U.S. Asylum Adjudication: Revisiting the Debate in the Wake of the War on Terror
Swanwick, Daniel L.
Article
2007-03-28T07:00:00Z
Foreign Policy
Humanitarinism
U.S. Asylum Adjudication
War on Terror
https://scholarship.law.georgetown.edu/spps_papers/4
oai:scholarship.law.georgetown.edu:ois_papers-1001
2009-09-02T19:04:06Z
publication:inst
publication:ois
publication:ois_papers
A Critical Examination of the FDA’s Efforts to Preempt Failure-to-Warn Claims
Kessler, David A.
Vladeck, David C.
Article
2007-09-02T07:00:00Z
failure-to-warn
Food and Drug Law
Health Law and Policy
This article explores the legality and wisdom of the FDA’s effort to persuade courts to find most failure-to-warn claims preempted. The article first analyzes the FDA’s justifications for reversing its long-held views to the contrary and explains why the FDA’s position cannot be reconciled with its governing statute. The article then examines why the FDA’s position, if ultimately adopted by the courts, would undermine the incentives drug manufacturers have to change labeling to respond to newly-discovered risks. The background possibility of failure-to-warn litigation provides important incentives for drug companies to ensure that drug labels reflect accurate and up-to-date safety information. The article next explains why the agency’s view that it is capable of singlehandedly regulating the safety of drugs is unrealistic. The agency does not have the resources to perform the Herculean task of monitoring the performance of every drug on the market. Both the Institute of Medicine and the Government Accountability Office have explained the shortcomings in the FDA’s recent performance, and they express doubt that the FDA is in capable of facing an increasingly challenging future.
The article then explains how state damages litigation helps uncover and assess risks that are not apparent to the agency during a drug’s approval process, and why this “feedback loop” enables the agency to better do its job. FDA approval of drugs is based on clinical trials that involve, at most, a few thousand patients and last a year or so. These trials cannot detect risks that are relatively rare, affect vulnerable sub-populations, or have long latency periods. For this reason, most serious adverse effects do not become evident until a drug is used in larger population groups for periods in excess of one year. Time and again, failure-to-warn litigation has brought to light information that would not otherwise be available to the FDA, to doctors, to other health care providers, and to consumers. And failure-to-warn litigation often has preceded and clearly influenced FDA decisions to modify labeling, and, at times, to withdraw drugs from the market.
https://scholarship.law.georgetown.edu/ois_papers/2
oai:scholarship.law.georgetown.edu:ois_papers-1002
2007-10-15T19:23:17Z
publication:inst
publication:ois
publication:ois_papers
The Difficult Case of Direct-to-Consumer Drug Advertising
Vladeck, David C.
Article
2007-09-03T07:00:00Z
drug advertising
Food and Drug Law
Health Law and Policy
This article will appear in a symposium to pay tribute to Professor Steven H. Shiffrin, one of the leading First Amendment theorists of our time. The author was asked to focus on Professor Shiffrin’s contribution to the development of the commercial speech doctrine. To reflect on the wisdom of Professor Shiffrin’s refusal to rely on general First Amendment theories, the article focuses on the difficult First Amendment problem of regulating direct-to-consumer (DTC) advertising of prescription drugs. In his famous dissent in Virginia Pharmacy Board, then-Justice Rehnquist forecast that, as a consequence of the Court’s ruling, drug companies would soon advertise directly to consumers on television and other media. Justice Rehnquist argued that “there are sufficient dangers attending” the use of drugs “that they simply may not be promoted in the same manner as hair creams, deodorants, and toothpaste.”
Today drugs are promoted in much the same way as other products. Drug companies devote forty percent of their advertising expenditures — over $4 billion per year — to DTC ads. The average American views as many as 16 hours of prescription drug ads per year, far exceeding the average time spent with a primary care physician. The question is whether proposals before Congress to limit or ban DTC advertising would pass constitutional muster. The article canvasses the arguments in some detail and concludes that legislation restricting DTC advertising to enable the FDA to assess the risks of a drug might withstand constitutional attack, but that an all-out ban on DTC advertising would not likely be sustained. The point of this discussion is to illustrate the complexity of commercial speech questions and to demonstrate that Professor Shiffrin was correct when he observed that “the commercial speech problem is in fact many problems,” and that “the small questions [it poses] will not go away.”
https://scholarship.law.georgetown.edu/ois_papers/3
oai:scholarship.law.georgetown.edu:ois_papers-1003
2007-09-20T12:47:49Z
publication:inst
publication:ois
publication:ois_papers
Climate Change, Human Health, and the Post-Cautionary Principle
Heinzerling, Lisa
Article
2007-09-15T07:00:00Z
precautionary principle
morality
Environmental Law
Health Law and Policy
In this Article, I suggest two different but related
ways of reframing the public discourse on climate change. First,
I propose that we move further in the direction of characterizing
climate change as a public health threat and not only as an
environmental threat. Second, I argue that we should stop
thinking of responses to climate change in terms of the
precautionary principle, which counsels action even in the
absence of scientific consensus about a threat. We should speak
instead in terms of a ?post-cautionary? principle for a
post-cautionary world, in which some very bad effects of climate
change are unavoidable and others are avoidable only if we take
dramatic steps, and soon. These points are related insofar as
they together create a moral imperative both to adapt to the
changes we cannot prevent and to mitigate those we can. Without
these efforts, people will fall ill and many will die, and we
know now that this will occur. No fancy moral theory is required
to condemn, and to make every attempt to avert, this large-scale
knowing killing.
https://scholarship.law.georgetown.edu/ois_papers/4
oai:scholarship.law.georgetown.edu:ois_papers-1004
2009-01-07T17:40:46Z
publication:inst
publication:ois
publication:ois_papers
From a Civil Libertarian to a Sanitarian
Gostin, Lawrence O.
Article
2007-12-01T08:00:00Z
MIND
NCCL
Mental Health Act
United Kingdom
Civil Rights and Discrimination
Health Law and Policy
Human Rights Law
International Law
Law and Society
Legal Biography
This autobiographical article recounts Dean Lawrence Gostin’s professional journey from the rights of mental health patients, to the civil liberties of individuals and groups, through to the broad welfare of large populations. In this article, Dean Gostin discusses the role that Erving Goffman’s Asylums played in shaping his professional path. A truly observant advocate sees the power imbalances, the loss of a self-worth, the absence of pleasure and comfort, and the sheer dreariness of everyday life.
This article uses news events of the time to reconstruct the author’s approach to reforming the Mental Health Act of 1959 and litigation against psychiatric institutions. During his years at MIND (National Association for Mental Health) in the United Kingdom, the author wrote much of the Mental Health Act, and litigated foundational cases in the domestic courts and before the European Court of Human Rights, including the landmark case of X v. the United Kingdom. The author went on to lead the National Council of Civil Liberties (NCCL) (now called Liberty, which is the equivalent to the ACLU) through its 50th Anniversary, launching the “Liberty Campaign” among leading public figures. He chaired the Independent Inquiry into the National Miners Dispute, which resulted in his public resignation from NCCL and his move to Harvard University.
The article ends with a discussion of the values the author brings to national and global health, animated by a single profound question: If impoverished communities are suffering and dying young from avoidable illnesses such as AIDS, TB, diabetes, or heart disease, what does justice require? His answer is that the poor would gladly trade a small intrusion on autonomy and privacy for the chance to lead a healthier, more secure, life.
https://scholarship.law.georgetown.edu/ois_papers/5
oai:scholarship.law.georgetown.edu:ois_papers-1005
2009-09-02T19:02:49Z
publication:inst
publication:ois
publication:ois_papers
Addressing the Global Tragedy of Needless Pain: Rethinking the United Nations Single Convention on Narcotic Drugs
Taylor, Allyn L.
Article
2008-01-28T08:00:00Z
PAIN
INTERNATIONAL LAW
SINGLE CONVENTION ON NARCOTIC DRUGS
Food and Drug Law
Health Law and Policy
Human Rights Law
International Law
The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessibility to critical narcotic drugs for pain relief.
https://scholarship.law.georgetown.edu/ois_papers/6
oai:scholarship.law.georgetown.edu:ois_papers-1006
2009-09-02T19:02:24Z
publication:inst
publication:ois
publication:ois_papers
The Duty of States to Assist Other States in Need: Ethics, Human Rights, and International Law
Gostin, Lawrence O.
Archer, Robert
Article
2008-02-20T08:00:00Z
healthcare
inequality
foreign policy
Health Law and Policy
Human Rights Law
International Law
Public Law and Legal Theory
This article deals with a foreign policy question of extraordinary importance: What responsibilities do States have to provide economic and technical assistance to other states that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. While poor countries have by far the greatest ongoing health needs, they also have the least capacity to meet those needs. In addition to the pervasive and debilitating effects of endemic disease, developing countries are likely to suffer much more from the effects of acute health hazards, ranging from natural disasters and dislocations to emerging infectious diseases.
Certainly, governments and philanthropic organizations have responded to highly visible natural disasters, droughts, and famines—at least while the issue remains salient in the media. And there has been increased international assistance for high-profile health threats such as AIDS and pandemic influenza. Even factoring in these new investments, most OECD countries have not come close to fulfilling their pledges to donate 0.7% of Gross National Income per annum.
The question then arises, if states have the capacity to assist less developed states (while continuing to fulfill their obligations to the health of their own citizens) to what extent do they have a well-defined legal or ethical responsibility to do so? We claim that States have a responsibility to help, derived from international law, political commitments, ethical values, and national interest. However, international law does not enable states to operationalize this responsibility in specific cases and in a transparent manner. As a result, transnational cooperation by states tends to be ineffectual and inconsistent—although states can and sometimes do act effectively when ethical and legal responsibilities and commitments align with self-interest.
https://scholarship.law.georgetown.edu/ois_papers/7
oai:scholarship.law.georgetown.edu:hpps_papers-1018
2009-09-02T17:27:33Z
publication:sw
publication:hpps_papers
Improving Historic Preservation Enforcement in the District of Columbia
Henry, David J.
Article
2006-05-08T07:00:00Z
historic preservation
District of Columbia
enforcement
policy
Housing Law
Land Use Law
State and Local Government Law
Within the past few years, the creation of the Office of Administrative Hearings (OAH) has been an important change in the District of Columbia government. OAH is viewed by many as an innovative government agency that provides fair and impartial administrative adjudication for District agencies, with efficiency. However, since OAH began full operations in 2004, the effectiveness of historic preservation enforcement has actually decreased. The primary indicators of this are the fewer number of completed adjudications and the smaller amount of fines collected in the past year.
This paper is a policy paper. As such, the paper will identify problems in historic preservation enforcement that have arisen during the transition to OAH's centralized adjudicative system, as well as offer possible solutions to such problems. Prior to identifying the problems, however, it is important to summarize the enforcement process within the District so that the identified problems can be placed in their proper context.
https://scholarship.law.georgetown.edu/hpps_papers/19
oai:scholarship.law.georgetown.edu:hpps_papers-1017
2009-09-02T17:27:57Z
publication:sw
publication:hpps_papers
House of the Setting Sun: New Orleans, Katrina, and The Role of Historic Preservation Laws in Emergency Circumstances
Christoff, Annie
Article
2006-05-12T07:00:00Z
historic preservation
national and international topics
New Orleans
Hurricane Katrina
Housing Law
Land Use Law
Property Law and Real Estate
In the aftermath of Hurricane Katrina, while various government bodies scrambled to address the myriad tragedies and emergencies that arose from the disaster, one critical question went largely unanswered and ignored: What was to become of the historic homes damaged in the storm and ensuing flood?
Obviously this question was of secondary concern at the time—where human life and safety are imperiled, the primary focus of government officials should be on restoring order and ensuring their constituents are protected. Precisely because of the existence of more pressing issues in a time of emergency, therefore, it is important to have a prepared plan addressing how best to incorporate historic preservation law into recovery and rebuilding efforts. In many areas, and in New Orleans in particular, historic architecture and ambience play a large role in forming the identity of the community; if a community is rebuilt without its identity in mind, its residents will not truly be able to return home.
In this paper I will discuss in more detail why a system for addressing historic preservation concerns in a time of emergency is necessary and what that system should entail. Part I includes a description of New Orleans, how the New Orleans historic preservation statute functions, and what the results were in historic districts affected by Hurricane Katrina. Part II is a brief description of other areas that have experienced large-scale disasters, with an exploration into how the various responses affected the goals of historic preservation. Part III details a proposed solution -- that emergency provisions be written into local historic preservation statutes to govern how the statute will function in a time of emergency, and what those provisions should look like.
Although the typical procedure put in place by the historic preservation ordinance may not be feasible in a time of emergency, a modified or alternative version of that process would best protect the interests of preservation while allowing local government to sufficiently respond to the needs of the community.
https://scholarship.law.georgetown.edu/hpps_papers/18
oai:scholarship.law.georgetown.edu:hpps_papers-1016
2009-08-24T16:41:58Z
publication:sw
publication:hpps_papers
Demolition by Neglect: Repairing Buildings by Repairing Legislation
Martin, Anna
Article
2007-05-10T07:00:00Z
historic preservation
District of Columbia
enforcement
property owners
neglect
Housing Law
Land Use Law
Legislation
Property Law and Real Estate
State and Local Government Law
One of the biggest problems today facing communities with historic preservation ordinances is delinquent owners who don’t have the will or the finances to maintain their historic properties and landmarks. Historic preservation law plays an important role in building a sense of patriotism and community togetherness, fostering education and providing incentives for aesthetically pleasing architecture. When residents can identify with a community, this creates a dialogue and sense of belonging. There are also environmental and psychological impacts of preserving old buildings, since human beings are positively affected by their surroundings when they feel a "sense of place." When buildings in a historic district fall prey to 'demolition by neglect,' meaning that the owners allow their property to reach a state of deterioration, the entire sense of community can be lost.
https://scholarship.law.georgetown.edu/hpps_papers/17
oai:scholarship.law.georgetown.edu:hpps_papers-1019
2009-09-02T17:27:07Z
publication:sw
publication:hpps_papers
If They Can Raze it, Why Can't I? A Constitutional Analysis of Statutory and Judicial Religious Exemptions to Historic Preservation Ordinances
Guiffre, Erin
Article
2007-04-29T07:00:00Z
historic preservation
California
Los Angeles
national and international topics
religious structures
Constitutional Law
Land Use Law
Property Law and Real Estate
Religion
State and Local Government Law
In 1996, America almost lost a great piece of its history. The Cathedral of Saint Vibiana, located in Los Angeles, was in danger of being destroyed. The "Baroque-inspired Italianate structure" was completed in 1876 by architect Ezra F. Kysor. The cathedral is one of only a few structures from Los Angeles' early history remaining. As an important part of history and a beautiful piece of architecture, the cathedral was listed on California's register of historic places. In 1994, an earthquake damaged part of the building. After an inspection by the building and safety department in 1996, the only portion of the cathedral found to be potentially structurally unsound was the bell tower. The archdiocese began demolition of the cathedral anyway, without the demolition permits required by the building and safety department as a stipulation to an abatement order decreeing that the bell tower was an imminent danger. The archdiocese desired to
build a larger facility on the land. The archdiocese believed that the historic cathedral was outgrown and not worth repairing. As a result of the dire situation, the cathedral was listed as one of the National Trust for Historic Preservation’s 11 most endangered places in 1997. This listing sparked further concern from the preservationist community and they came to the rescue. Because the cathedral was on California’s register of historic places, an environmental impact report had to be completed before the building could be razed. When the demolition was started before the church obtained permits, at the urging of preservationists, a judge issued a temporary restraining order to halt the demolition. The cathedral was saved when the wrecking crane was "literally 20 feet away." Because of the prevention of immediate demolition, the city and the archdiocese were able to enter into negotiations that resulted in the sale of the cathedral instead of its demolition. The cathedral is now used as a performing arts complex and library. Sadly, California has moved in the direction of not protecting historic religious properties. Although state laws still apply, California now completely exempts religious institutions from local historic preservation ordinances. Historic structures located in other parts of the country are also in danger due to similar religious exemptions.
https://scholarship.law.georgetown.edu/hpps_papers/20
oai:scholarship.law.georgetown.edu:hpps_papers-1022
2009-09-02T17:25:38Z
publication:sw
publication:hpps_papers
Conservation Districts: A Solution for the Deanwood Neighborhood?
Bissinger, Kelly B.
Article
2007-05-07T07:00:00Z
historic preservation
historic districts
home ownership
low-income neighborhoods
gentrification
Housing Law
Land Use Law
Property Law and Real Estate
State and Local Government Law
Preserving and protecting home ownership and the affordable housing in the United States remains a serious concern despite numerous federal programs intended to encourage home ownership and to provide affordable housing to low-income individuals and families. Often times, low-income people live in older, run-down neighborhoods in urban areas. There is a constant threat that developers will purchase properties in these areas in order to demolish or renovate existing structures and redevelop the area (this process is often referred to as "gentrification").
One of the consequences of gentrification is the displacement of low-income residents. In those instances where low-income residents own their own homes, they stand to benefit from rising property values. For those residents who do not own their own homes, displacement can be disruptive and, in high cost areas such as the District of Columbia, finding affordable replacement housing can be difficult.
Many older neighborhoods and their residents could benefit from additional regulatory protections. In some cases, neighborhoods may qualify for the protections provided by a local historic district statute or ordinance. Historic districts, which originated in Charleston, South Carolina in 1931, are used frequently throughout the country to protect historic neighborhoods. The establishment of an historic district in an area tends to contribute to the revitalization of the area. Middle and high-income people often move into revitalized buildings in the area. The revitalization and in-migration contribute to rising property values and rising rents, which, in turn, contribute to displacement of lower income residents.
Historic districts generally require that building owners submit an application to a preservation commission for permission to construct new buildings or to demolish, alter or construct additions to existing buildings. Typically, the standards under historic district legislation are strict and may require expensive upkeep of properties. In low-income neighborhoods, the added costs imposed by such a regulatory burden may make it more difficult for families to afford to remain in their neighborhoods.
Over the past twenty years, conservation districts have emerged as an alternative means of protecting the character of neighborhoods, including the historic elements of neighborhoods. Cities such as Phoenix, Arizona and Philadelphia, Pennsylvania have adopted legislation which permits the creation of conservation districts in order to increase or preserve the supply of affordable housing and revitalize neighborhoods. Currently, the City of Washington, D.C. has historic preservation legislation, but does not have conservation districts. Given the historic nature of Washington as the nation’s capital, the large low-income population in the City, and the considerable amount of development (particularly gentrification) that has occurred in Washington over the past 25 years and is continuing to occur, it is of vital importance to protect structures that contribute to the City’s history, as well as to maintain affordability for low-income individuals and families.
This paper will examine (i) the Phoenix, Arizona and Philadelphia, Pennsylvania conservation district legislation as a possible model for the use of conservation districts to preserve affordable housing in Washington and (ii) focus on the possible use of a conservation district in the Northeast neighborhood of Deanwood, as an alternative to an historic district, as a means to protect historic structures and affordable housing.
https://scholarship.law.georgetown.edu/hpps_papers/23
oai:scholarship.law.georgetown.edu:hpps_papers-1020
2009-09-02T17:26:39Z
publication:sw
publication:hpps_papers
The Intersection of Gender and Early American Historic Preservation: A Case Study of Ann Pamela Cunningham and Her Mount Vernon Preservation Effort
Teehan, Jill
Article
2007-05-15T07:00:00Z
historic preservation
Mount Vernon
national and international topics
gender
Land Use Law
Law and Gender
Legal History
Property Law and Real Estate
State and Local Government Law
American historic preservationists universally credit Ann Pamela Cunningham, the woman who saved George Washington's Mount Vernon home, as the chief architect of the historic preservation movement in the United States. However, little scholarship has considered how Cunningham's social position as a woman significantly contributed to her ability to save Mount Vernon, and thus jumpstart a national movement to save historically significant places. Using Cunningham and the organization she formed, the Mount Vernon Ladies' Association of the Union (MVLA), widely regarded as the nation's first historic preservation society, this paper considers the intersection of gender and early historic preservation in the United States.
https://scholarship.law.georgetown.edu/hpps_papers/21
oai:scholarship.law.georgetown.edu:hpps_papers-1023
2009-09-02T17:25:07Z
publication:sw
publication:hpps_papers
Striking a Match in the Historic District: Opposition to Historic Preservation and Responsive Community Building
Conde, Sarah N.
Article
2007-04-30T07:00:00Z
historic preservation
historic districts
Housing Law
Property Law and Real Estate
State and Local Government Law
In her 1981 Stanford Law Review article, Carol Rose articulated as a justification for the historic preservation "vogue" a community building rationale that transformed preservation from an end in itself to a means for community self-definition. Procedurally, Rose argued, preservation laws give communities the power to comment on the direction of development, and impurity of motive does not weaken the cause of community members who use the tools preservation law gives them. Suppose, she suggested, that the primary concern of neighbors is avoiding massive construction, and they emphasize history only as an instrument to oppose change. Such a motive is irrelevant under a rationale that elevates community building and definition over more traditional goals of aestheticism and patriotism. This rationale also would seem to apply in the circumstance where, recognizing the value of rights and preferences they must surrender under proposed historic districting, or choosing instead of preservation another social good, residents oppose restrictive measures imposed on their property at the local level. This essay examines Rose's proposal for the community building possibilities of historic preservation laws, and inquires what role opposition to preservation plays in that model. It looks to the reasons why communities might choose unrestricted demolition and unfettered modification, and offers suggestions for how historic preservation law can better take account of other community goals.
https://scholarship.law.georgetown.edu/hpps_papers/24
oai:scholarship.law.georgetown.edu:hpps_papers-1021
2009-09-02T17:26:10Z
publication:sw
publication:hpps_papers
Productive Preservation and the Reinvention of Industrial America
Flynn, Jonathan
Article
2006-04-16T07:00:00Z
historic preservation
federal preservation law
state and local preservation law
national and international topics
Waterville
Maine
Banking and Finance Law
Land Use Law
Property Law and Real Estate
State and Local Government Law
This paper explores the problem of why the traditional model preservation, characterized by a strict and inflexible interpretation of the law, often fails in struggling communities. Particular emphasis is given to early industrial cities, where the existing urban infrastructure and difficult economic situation often conspire to make preservation exceptionally challenging. A solution is proposed for making preservation productive these distressed communities. Through a broader, and more flexible reading of existing law, a major preservation problem may be solved, and history can used as a valuable tool for growth and positive change.
https://scholarship.law.georgetown.edu/hpps_papers/22
oai:scholarship.law.georgetown.edu:hpps_papers-1025
2009-09-01T20:27:00Z
publication:sw
publication:hpps_papers
Plenty of Bark, But Not Much Bite: Putting Teeth Back into Historic Preservation Enforcement in D.C.
Sale, Winston
Article
2007-05-16T07:00:00Z
historic preservation
District of Columbia
enforcement
policy
Land Use Law
Property Law and Real Estate
State and Local Government Law
Washington, D.C. has one of the largest inventories of protected historic buildings of any city in the United States. Over 25,000 structures stand within the city's borders that are either individually landmarked or contributing buildings within a historic district. These buildings are covered by statutory protection designed to prevent alteration or demolition without consultation with the Office of Historic Preservation (HPO) and/or the D.C. Historic Preservation Review Board (HPRB). Enforcement of these protections relies on HPO's inspectors.
While the District currently employs two historic preservation inspectors, recent changes in the structure of HPO and other D.C. bureaucracies brought about a staff reduction in historic preservation enforcement -- hampering the city's best efforts to shepherd the buildings within its charge. In the last several years the number of enforcement actions carried out by HPO has declined precipitously, reflecting inefficiencies symptomatic of the new arrangement. Without significant changes to the current mode of operation, HPO inspectors will be forced to continue enforcement triage while allowing the majority of infractions to escape without consequence. This in turn has a detrimental impact on the number of fines assessed by HPO inspectors, thereby reducing the amount of funds available for historic preservation projects.
This is a policy paper, and as such, will lay out in detail the current structure and practices of the historic preservation regime in Washington D.C., analyze its strengths and weaknesses and provide recommendations for improving the process and its overall efficacy.
https://scholarship.law.georgetown.edu/hpps_papers/26
oai:scholarship.law.georgetown.edu:spps_papers-1004
2009-09-02T19:09:21Z
publication:sw
publication:spps_papers
The Role of Community Values in Wind Energy Development: Exploring the Benefits and Applications of Community Wind for Reducing Local Opposition to Wind Energy Systems
Vaccaro, Amanda
Article
2008-08-11T07:00:00Z
wind
energy policy
community
Energy and Utilities Law
Environmental Law
Worldwide, wind energy generation is growing rapidly as a cleaner and less invasive alternative to traditional fossil-fuel energy sources. Yet, in the United States, the advancement of wind energy has been stunted by three factors: (1) the uncertainty of the federal Production Tax Credit; (2) the lack of transmission lines connecting wind projects to electricity grids; and (3) enduring local cultural and aesthetic objections to wind turbines. Frustrated with the imbalanced allocation of costs and benefits imposed by most wind energy projects, some individuals and municipalities have deployed zoning laws, nuisance claims, or environmentalist arguments to discourage wind energy development in their area. “Community wind” is a model of wind energy generation that improves residents’ perception of turbines by using local ownership, services and utility grids to concentrate the economic benefits of wind power in the communities that produce it.
This paper sets forth a proposal for applying the community wind model in a suburban context, through the mechanism of the homeowner’s association (HOA). HOAs are uniquely situated to implement community wind to lower their energy costs, provide affordable housing, enhance local schools, and shift Americans’ perception of wind farms in a more positive direction.
https://scholarship.law.georgetown.edu/spps_papers/5
oai:scholarship.law.georgetown.edu:hpps_papers-1026
2009-09-01T20:29:10Z
publication:sw
publication:hpps_papers
Interior Preservation: In or Out?
Lloyd, Johnathan
Article
2008-05-13T07:00:00Z
National/International Topics
This paper examines takings and due process challenges in the leading cases that galvanized the constitutionality of interior preservation. These cases together form the shield that protects interior designations from constitutional attack. This paper's goal is to distill the critical points that have left the jurisprudence on interior preservation all but bare for much more than a decade.
https://scholarship.law.georgetown.edu/hpps_papers/31
oai:scholarship.law.georgetown.edu:hpps_papers-1029
2009-09-01T20:28:10Z
publication:sw
publication:hpps_papers
Economic Hardship and Historic Preservation of Non-Profits: Balancing Individual Burden with Community Benefit
Faller, Christine
Article
2008-05-13T07:00:00Z
DC Topics
Economic Hardship
This paper will examine how a number of jurisdictions treat the takings standard for non-profit organizations, and will suggest ways of clarifying and improving the law. Part I discusses Penn Central, which sets the high national standard to for takings claims. This section also discusses how local governments have incorporated that standard into historic preservation laws as economic hardship claims. Part II analyzes how some jurisdictions make a distinction between commercial and non-profit owners in takings claims, and what claimants must demonstrate to succeed in making a claim. Part III concludes by examining the competing rationales supporting and opposing the creation of a modified standard. It also proposes recommendations for future development in this field.
https://scholarship.law.georgetown.edu/hpps_papers/28
oai:scholarship.law.georgetown.edu:hpps_papers-1028
2009-09-01T20:28:29Z
publication:sw
publication:hpps_papers
Preserving Sacred Places: Free Exercise and Historic Preservation in the Context of Third Church of Christ, Scientist, Washington, DC
Stockton, Bryan
Article
2008-05-13T07:00:00Z
DC Topics
Religious Institutions
This paper will analyze the tension between the historic preservation of sacred places and the free exercise of religion as seen through the recent controversy surrounding the landmarking of Third Church of Christ, Scientist, in Washington, D.C. Assuming Third Church would bring a free exercise and RLUIPA challenge if the District denied a demolition permit, this paper will examine how such a suit would likely fail.
After describing the factual background, the paper will evaluate questions of standing and ripeness. The mere fact of landmarking does not create a cause of action recognized by District of Columbia courts, so any potential suit would have to be brought after administrative remedies are exhausted. The paper will then analyze the potential challenge under pre-RLUIPA free exercise jurisprudence and conclude that despite cases to the contrary in Kansas and Washington State, the denial of a demolition permit is not a violation of free exercise under the Supreme Court's analysis in Employment Division v. Smith. The paper will then address the inherent contradictions within RLUIPA when religious entities try to invoke strict scrutiny to challenge historic preservation laws. While claiming to codify existing free exercise jurisprudence and not confer immunity from land use regulations to religious entities, RLUIPA contradictorily seems to expand free exercise protections by triggering strict scrutiny review upon a showing of an "individualized assessment" by a government body in land use decisions.
https://scholarship.law.georgetown.edu/hpps_papers/29
oai:scholarship.law.georgetown.edu:hpps_papers-1027
2009-09-01T20:28:50Z
publication:sw
publication:hpps_papers
Over My Dead Property! Why the Owner Consent Provisions of the National Historic Preservation Act Strike the Wrong Balance Between Private Property and Preservation
Theodore, Jess
Article
2008-05-13T07:00:00Z
National/International Topics
It is not unusual for an article about the tension between property rights and historic preservation to begin with a gloomy scenario. One day, you, the private property owner, receive a knock at the door. Upon opening the door, you discover an ominous government official who demands that you immediately stop construction on the addition to your home.
Flabbergasted, you begin to protest, naming the many reasons why the addition must be built. But, the official does not care that the quintuplets have outgrown your present home. Neither is he sympathetic when you tell him that you paid fair market value for fee simple ownership in the property. And, he appears bored when you protest that this is America, where private property rights are the foundation for the entire society. Because, after all, he reminds you, your property has been legally designated as a historic landmark. And, this designation gives the government power to prevent you from altering the historic character of your home.
But, what about your quintuplets? What about your fee simple interest in the property? What about your sacred rights as a private property owner?
And, so it goes. The story conveniently sets up a critique of the current historic preservation system, which, through either legislative decree or judicial decision, deprives owners of their full property rights. A remedy is proposed; property rights are vindicated.
This paper takes a different approach. Instead of arguing that historic preservation has gone too far in impinging on personal property rights, it will argue that, in some cases, historic preservation law affords too much protection to personal property rights. In particular, this paper will focus on the overprotection of property rights provided by the owner consent provisions of the National Historic Preservation Act Amendments of 1980 (the "Amendments").
https://scholarship.law.georgetown.edu/hpps_papers/30
oai:scholarship.law.georgetown.edu:hpps_papers-1030
2009-09-01T20:27:31Z
publication:sw
publication:hpps_papers
Is an Exemption from Historic Preservation Designation for Religious Institutions Needed in the District of Columbia?
Hill, Susan Corts
Article
2008-05-13T07:00:00Z
DC Topics
Religious Institutions
In December 2007, the District of Columbia's Historic Preservation Review Board (HPRB), in a unanimous decision, landmarked the Third Church of Christ Scientist, built by the firm of famous architect I.M. Pei in 1970, because of the building’s architectural significance. The decision was controversial and drew community and media attention because the landmark was a modern structure and the designation was made over the opposition of the congregants and some community members. As a result of the landmark designation, the congregation’s ability to redevelop the church will be limited and will require HPRB approval. The church argued that the building is too expensive to maintain while some community members argued that the building is "architectural blight."
Still, HPRB found that the church is an important and significant example of Brutalism, an architectural style associated with the 1950s to 1970s known for the use of roughly cast concrete. Because of interest surrounding the Third Church of Christ Scientist landmark decision, city officials are now poised to engage in a conversation about the wisdom of passing an ordinance that specifically allows religious institutions to opt out of historic preservation designations. In fact, a bill that would allow religious exemptions for historic properties was recently proposed by a city council member then quickly withdrawn. Because the bill was withdrawn, this paper will not focus exclusively on this bill. However, the possibility remains that a similar bill may be introduced and the previously proposed bill will be used for a point of reference for how a potential city ordinance in the District of Columbia could look.
https://scholarship.law.georgetown.edu/hpps_papers/27
oai:scholarship.law.georgetown.edu:ois_papers-1007
2008-09-17T19:56:11Z
publication:inst
publication:ois
publication:ois_papers
A Theory and Definition of Public Health Law
Gostin, Lawrence O.
Article
2008-09-17T07:00:00Z
public health
social justice
state power
government duty
Health Law and Policy
The literature, both academic and judicial, on the intersection of law and health is pervasive. The subject of law and health is widely taught, practiced, and analyzed. The fields that characterize these branches of study are called health law, health care law, law and medicine, forensic medicine, and public health law. Do these names imply different disciplines, each with a coherent theory, structure, and method that sets it apart? Notably absent from the extant literature is a theory of the discipline of public health law, an exploration of its doctrinal boundaries, and an assessment of its analytical methodology.
Public health law can be defined, its boundaries circumscribed, and its analytical methods detailed in ways that distinguish it as a discrete discipline—just as the disciplines of medicine and public health can be demarcated. With this book I hope to provide a fuller understanding of the varied roles of law in advancing the public’s health. The core idea I propose is that law can be an essential tool for creating conditions to enable people to lead healthier and safer lives.
In this opening chapter, I offer a theory and definition of public health law, an examination of its core values, an assessment of state statutes in establishing the legal foundations of public health agencies, a categorization of the various models through which law acts as a tool to advance the public’s health, and, finally, a description of the current debate over the legitimate scope of public health. These are the questions I will pursue: What is public health law and what are its doctrinal boundaries? Why should population health be a salient public value? What are the legal foundations of governmental public health? How can law be effective in reducing illness and premature death? And what are the political conflicts faced by public health in the early twenty-first century?
My definition of public health law follows, and the remainder of this chapter offers a justification as well as an expansion of the ideas presented:
Public health law is the study of the legal powers and duties of the state, in collaboration with its partners (e.g., health care, business, the community, the media, and academe), to assure the conditions for people to be healthy (to identify, prevent, and ameliorate risks to health in the population) and the limitations on the power of the state to constrain the autonomy, privacy, liberty, proprietary, or other legally protected interests of individuals for the common good. The prime objective of public health law is to pursue the highest possible level of physical and mental health in the population, consistent with the values of social justice.
Several themes emerge from this definition: (1) government power and duty, (2) coercion and limits on state power, (3) government’s partners in the “public health system,” (4) the population focus, (5) communities and civic participation, (6) the prevention orientation, and (7) social justice.
https://scholarship.law.georgetown.edu/ois_papers/8
oai:scholarship.law.georgetown.edu:ois_papers-1008
2008-09-17T17:08:33Z
publication:inst
publication:ois
publication:ois_papers
The International Migration and Recruitment of Nurses: Human Rights and Global Justice
Gostin, Lawrence O.
Article
2008-09-17T07:00:00Z
nurses
migration
health workers
public health
global health
human rights
Health Law and Policy
Human Rights Law
International Law
The international migration of health workers – physicians, nurses, midwives, and pharmacists – leaves the world’s poorest countries with severe human resource shortages, seriously jeopardizing the achievement of the U.N. health Millennium Development Goals (MDGs). Advocates for global health call active recruitment in low-income countries a crime. Despite the pronounced international concern, there is little research and few solutions. This commentary focuses on the international recruitment of internationally educated nurses (IENs) from the perspective of human rights and global justice. It explains the complex reasons for nurse shortages in rich and poor countries; the duties of source and host countries; the human rights of health workers; and offers principles for responsible recruiting, focusing on national and global solutions.
https://scholarship.law.georgetown.edu/ois_papers/9
oai:scholarship.law.georgetown.edu:ois_papers-1009
2009-09-02T19:01:26Z
publication:inst
publication:ois
publication:ois_papers
Ensuring Effective Pain Treatment: A National and Global Perspective
Taylor, Allyn L.
Gostin, Lawrence O.
Pagonis, Katrina A.
Article
2008-09-17T07:00:00Z
pain relief
medication
pharmaceuticals
Health Law and Policy
Human Rights Law
International Law
Medical availability of effective pain medication is vitally important domestically and globally. Medical advances have substantially improved the technical capacity to control pain and diminish its consequences. Worldwide, millions of persons with chronic, acute, and terminal conditions have found relief from excruciating pain through medical intervention. However, richer countries have disproportionately benefited from improvements in access to and use of pain medication. The tragedy is that for most of the world's population, particularly persons in poorer countries, effective pain control is entirely unavailable.
https://scholarship.law.georgetown.edu/ois_papers/10
oai:scholarship.law.georgetown.edu:ois_papers-1012
2008-09-23T01:42:19Z
publication:inst
publication:ois
publication:ois_papers
"Old" and "New" Institutions for Persons with Mental Illness: Treatment, Punishment, or Preventive Confinement?
Gostin, Lawrence O.
Article
2008-09-22T07:00:00Z
human rights
mental illness
institutionalization
Health Law and Policy
Human Rights Law
In 1972, I covertly entered a brutal, inhumane institution for the criminally insane in Eastern North Carolina as a pseudo-patient under a U.S. Department of Justice study. What I experienced during those many weeks would shape how I view what Irving Goffman called "total institutions." Since that formative experience as a young law student I have closely observed institutions that warehouse persons with mental illness in many regions of the world ranging from the Americas and Europe to the Indian subcontinent and Asia. Those experiences, together with the careful study of human rights reports and judicial decisions, have led me to one simple conclusion. Despite countless promises for a better life by national commissions, governments, and the international community, there has evolved a vicious cycle of neglect, abandonment, indignity, cruel and inhumane treatment, and punishment of persons with mental illness. This is not true in every place, time, and circumstance -- there are pockets of deep caring and compassion. But for the vast majority, and in most geographic regions, this sad fact remains a tragic reality.
The shameful history of benign, and sometimes malignant, neglect of persons with mental illness is well understood: the deep stigma and unredressed discrimination, the deplorable living conditions, and the physical and social barriers preventing their integration and full participation in society. The maltreatment of this vulnerable population has been reinforced by the hurtful stereotypes of incompetency and dangerousness.
This article is based on a lecture at the Sheldonian, Oxford University, for Amnesty International. In this article I will show how this vulnerable population has been unconscionably treated. First, I will examine the gross human rights violations that have occurred, and continue to occur, in what I am calling "old" psychiatric institutions. During the mid-to-late twentieth century, however, many of these old institutions were closed as part of a social compact with mentally ill persons and their families to provide community care. The deinstitutionalization movement, however, resulted in new places of confinement for this population—jails, prisons, and homeless shelters. In the second part of this lecture, I will explore the new realities of criminal confinement of persons with mental illness. As we will see, incarceration of this vulnerable population in the criminal justice system has caused enormous suffering. And, if Dostoyevsky was correct that the "degree of civilization … can be judged by entering its prisons," then by that measure we are a deeply uncivilized society.
https://scholarship.law.georgetown.edu/ois_papers/13
oai:scholarship.law.georgetown.edu:ois_papers-1010
2008-09-23T01:22:46Z
publication:inst
publication:ois
publication:ois_papers
The Deregulatory State
Gostin, Lawrence O.
Article
2008-09-22T07:00:00Z
federal preemption
privitization
public health
Administrative Law
Food and Drug Law
Health Law and Policy
Public health can be achieved only through collective action, not through individual endeavor. Collective goods are essential conditions for health, but can be secured only through a well-regulated society. Yet, successive governments have eroded health and safety protections, with serious consequences. Think about the death of miners, lead in children’s toys, industrial solvents in toothpaste, salmonella in peanut butter, e-coli in spinach, and unsafe or ineffective pharmaceuticals such as COX-2 inhibitors or non-statin cholesterol medications.
Conservatives have waged a campaign against the administrative state that has created and reinforced deep-seated concerns about over-bearing government, particularly at the national level. The political dialogue used to describe agency action is pejorative and effective: “big government,” “centralized top-down,” “bureaucratic,” “command and control.” This anti-government narrative has set the terms of the debate about the role of government in protecting the public from market excesses and failures. It has quietly led to pervasive deregulation, allowing the market to dictate business and consumer behavior.
The “Deregulatory State” takes many subtle forms, including self-policing, so that industry discloses and corrects its own safety violations; incapacitating, so that agencies are starved of expertise and resources; devolving, so that residual regulation is focused at the local level; preempting, so that the federal government denies states the authority to protect its citizens; and privatizing so that government functions are conducted by “for profit” or voluntary entities. In this column, I will focus on two broad categories of deregulation: federal preemption and privatization.
https://scholarship.law.georgetown.edu/ois_papers/11
oai:scholarship.law.georgetown.edu:ois_papers-1011
2008-09-23T01:29:23Z
publication:inst
publication:ois
publication:ois_papers
Global Health Law Governance
Gostin, Lawrence O.
Article
2008-09-22T07:00:00Z
public health
national governance
global health
Health Law and Policy
The field of public health law traditionally focuses on law at the national and sub-national level. National legal systems, however, are inadequate to deal with major threats to humans. Despite the inadequacies of national governance, there are fundamental questions that need resolution in the field of global health law: Why should governments care about the health of people far away? Are profound health disparities just and, if not, is there a corresponding obligation to redress the injustice? Can international law effectively bind governments, foundations, and corporations to act for the global good? This article, based on a lecture at Emory Law School, asks the hard questions and offers some ways forward for the future of global health.
https://scholarship.law.georgetown.edu/ois_papers/12
oai:scholarship.law.georgetown.edu:ois_papers-1013
2009-09-02T19:00:00Z
publication:inst
publication:ois
publication:ois_papers
Global Health Law: A Definition and Grand Challenges
Gostin, Lawrence O.
Taylor, Allyn L.
Article
2008-09-22T07:00:00Z
public health
social justice
governance
Health Law and Policy
Human Rights Law
International Law
It has been only recently that scholars have engaged in a serious discussion of "public health law." This academic discourse examines the role of the state and civil society in health promotion and disease prevention within the country. There is an important emerging literature on the international dimensions of health, but no similar systematic definition and exposition of a field we call "global health law." In this article we aim to fill this gap by defining global health law and characterizing the grand challenges. Given the rapid and expanding globalization that is a defining feature of today's world, the need for a coherent system of international health law and governance has never been greater.
We begin with a discussion of the health hazards posed by contemporary globalization on human health and the consequent urgent need for global health law to facilitate effective multilateral cooperation in advancing the health of populations equitably. We then offer a definition of the emerging field of "global health law." After explicating the central features identified in our definition, we turn to an examination of the "grand challenges" – legal, political, and social – to reaching the full potential of global health law to advance human health in just and effective ways.
Our definition of global health law follows, and the remainder of this section explains the salient aspects of the definition:
Global health law is the study of the legal norms, processes, and institutions needed to create the conditions for people throughout the world to attain the highest possible level of physical and mental health. The field seeks to facilitate health-promoting behaviour among the key actors that significantly influence the public's health, including international organizations, governments, businesses, foundations, the media, and civil society. Global health law should stimulate investment in research and development, mobilize resources, set priorities, coordinate activities, monitor progress, create incentives, and enforce standards. The field should be guided by the value of social justice, and seek equitable distribution of health services, particularly to benefit the world’s poorest populations.
The domain of global health law primarily is concerned with (1) formal sources of public international law, including, for example, treaties establishing the authority and responsibility of states for the health of their populations and duties of international cooperation, and (2) formal subjects of international law, including states, individuals, and public international organizations. However, to be an effective global health governance strategy, global health law must evolve beyond its traditional confines of formal sources and subjects of international law. It must foster more effective collective global health action among governments, businesses, civil society and other actors. Accordingly, our definition of global health law is prescriptive as well as descriptive: it sets out the sort of international legal framework needed, but still unavailable, to empower the world community to advance global health in accordance with the value of social justice.
https://scholarship.law.georgetown.edu/ois_papers/14
oai:scholarship.law.georgetown.edu:ois_papers-1014
2008-09-23T13:00:48Z
publication:inst
publication:ois
publication:ois_papers
Global Health Law: Health in a Global Community
Gostin, Lawrence O.
Article
2008-09-22T07:00:00Z
public health
social justice
governance
Health Law and Policy
Human Rights Law
International Law
The examination of public health law traditionally focuses on constitutions, statutes, regulations, and common law at the national and sub-national level. However, the determinants of health (e.g., pathogens, air, food, water, even lifestyle choices) do not originate solely within national borders. Health threats inexorably spread to neighboring countries, regions, and even continents. Peoples’ lives are profoundly affected by commerce, politics, science, and technology from all over the world. Global integration and interdependence occur “as capital, traded goods, persons, concepts, images, ideas, and values diffuse across state boundaries.” It is for this reason that law and policy need to be transnational, i.e., extending beyond sovereign nations. There is no other way to truly ensure the public’s health than through cooperation and global governance.
This chapter searches for answers as to why health hazards seem to change form and migrate everywhere on the earth; why extant global governance systems are frequently ineffective; and how international law can be used as a tool for improving the health of the world’s population, especially the poorest and most vulnerable. This requires an understanding of the global dimensions of disease and man’s role in harming the planet; the meaning and sources of international law; and modern international regimes of high relevance to health, including infectious diseases, tobacco, trade, and human rights.
https://scholarship.law.georgetown.edu/ois_papers/15
oai:scholarship.law.georgetown.edu:spps_papers-1005
2010-05-13T16:03:04Z
publication:sw
publication:spps_papers
ERISA Misrepresentation and Nondisclosure Claims: Securities Litigation under the Guise of ERISA?
Bravo, Clovis Trevino
Article
2008-10-15T07:00:00Z
ERISA
fiduciary misrepresentation
derivative
nondisclosure claims
Insurance Law
Labor and Employment Law
Retirement Security Law
Securities Law
In the wake of recent corporate scandals and dramatic market downturns, many employees whose retirement savings plans were heavily invested in the stock of their employer have seen their account balances substantially depleted. To recover for their losses, plan participants have filed lawsuits under the Employee Retirement Income Security Act (ERISA) alleging that plan fiduciaries made misrepresentations or failed to disclose material information about the suitability of investing in the company stock. These suits are generally derivative or companion cases to securities class actions based on the same allegations of misrepresentations or nondisclosures. Even though there is a significant overlap between the ERISA and the securities suit, the procedural and substantive rules governing the two actions are substantially different. This Article responds to the substantial need to identify these differences side by side and to examine whether ERISA fiduciary misrepresentation and nondisclosure claims amount to securities litigation in disguise, and if so, whether these claims should be allowed to proceed in the absence of the procedural safeguards imposed by the Private Securities Litigation Reform Act (PSLRA).
https://scholarship.law.georgetown.edu/spps_papers/6
oai:scholarship.law.georgetown.edu:ois_papers-1015
2008-10-29T21:15:59Z
publication:inst
publication:ois
publication:ois_papers
Lawrence O. Gostin on Biosecurity Policy: Are We Safer Today?
Gostin, Lawrence O.
Article
2008-10-28T07:00:00Z
biosecurity
national security
Model State Emergency Health Powers Act
World-acclaimed authority Lawrence O. Gostin analyzes biosecurity policy since 9/11. He begins with the question: Are we safer now? Then comes a review of biosecurity legislation, followed by discussion of planning to deal with specific diseases and the problems with such an approach, and then an explanation of what the right approach is. He concludes by covering the Model State Emergency Health Powers Act and related civil liberties questions.
https://scholarship.law.georgetown.edu/ois_papers/16
oai:scholarship.law.georgetown.edu:ois_papers-1016
2008-12-16T14:34:20Z
publication:inst
publication:ois
publication:ois_papers
President’s Emergency Plan for AIDS Relief: Health Development at the Crossroads
Gostin, Lawrence O.
Article
2008-12-16T08:00:00Z
AIDS
health policy
developing countries
Health Law and Policy
Human Rights Law
The President’s Emergency Plan for AIDS Relief (PEPFAR) was the largest commitment by any nation to combat a single disease in human history, authorizing up to $15 billion over 5 years. On July 30, 2008, President Bush signed into law the historic reauthorization of PEPFAR, dramatically increasing the financial commitment by authorizing up to $48 billion over 5 years, including $5 billion for Malaria and $4 billion for Tuberculosis. PEPFAR’s global targets are inspiring: treat 3 million people; prevent 12 million new HIV infections, and care for 12 million people, including 5 million orphans and vulnerable children. But, PEPFAR has been mired in controversy. To some, it exemplifies America’s extraordinary compassion and generosity, and to others America’s politicization of public health and unilateral approach to international health. The truth lies somewhere in between. American health assistance to the developing world stands at a crossroad. As PEPFAR is scaled up, will it provide opportunities to fulfill basic human needs, or will its limited focus pull resources from sustainable, capacity-building support in line with poor country priorities?
https://scholarship.law.georgetown.edu/ois_papers/17
oai:scholarship.law.georgetown.edu:ois_papers-1017
2008-12-16T14:41:21Z
publication:inst
publication:ois
publication:ois_papers
Male Circumcision as an HIV Prevention Strategy in Sub-Saharan Africa: Socio-Legal Barriers
Gostin, Lawrence O.
Article
2008-12-16T08:00:00Z
health policy
HIV/AIDS
circumcision
Health Law and Policy
Human Rights Law
UNAIDS and WHO recommend safe, voluntary male circumcision as an additional, important strategy for the prevention of heterosexually-acquired HIV in men in areas with high HIV prevalence and low levels of male circumcision. Comprehensive male circumcision services should include HIV testing and counseling, partner reduction, and male and female condom use. Yet, male circumcision can have deep symbolic meaning that could pose barriers to implementation. In some parts of the world, it is a traditional practice with religious or cultural significance, in others it is a common hygiene intervention, and in yet others it is unfamiliar or foreign. Consequently, the proportion of men who are circumcised varies from <5% to >80%, with an estimated 30-40% of adult men circumcised worldwide.
Confirming a number of observational studies, three randomized controlled trials in Africa have shown that circumcision reduces the likelihood of female-to-male HIV transmission by 50-60%, leading WHO/UNAIDS to conclude that the evidence is "compelling". Male circumcision is a relatively simple, inexpensive one-time surgical procedure that is cost-effective, but raises a host of ethical, legal, and human rights challenges.
https://scholarship.law.georgetown.edu/ois_papers/18
oai:scholarship.law.georgetown.edu:ois_papers-1018
2009-03-19T14:05:14Z
publication:facpub
publication:inst
publication:ois
publication:ois_papers
publication:facsch
A Broader Liberty: JS Mill, Paternalism, and the Public’s Health
Gostin, Lawrence O.
Gostin, Kieran G.
Article
2009-03-18T07:00:00Z
public health
harm principle
regulation
Health Law and Policy
Is the ‘harm principle’, famously propounded by JS Mill and widely adopted in bioethics, an appropriate principle to guide public health regulation? The harm principle limits liberty-limiting interventions to only those instances where the person poses a significant risk of harm to others. However, much of public health regulation is not primarily directed to avert risk to others, but to safeguard the health and safety of the individual him or herself. Think about regulations regarding seatbelts, motorcycle helmets, or the fluoridation of water as illustrations of pervasive public health regulations that are primarily intended to safeguard the individual’s own health or safety. Even laws designed to reduce smoking are justified, at least in substantial part, by the reduction of risk to the smoker. Certainly, scholars argue that there are ‘other-regarding’ aspects to these kinds of laws, but there is little doubt that there are strong paternalistic features to these, and many other, public health laws, such as bans on trans fat in foods. This article directly and forcefully questions the Millian principle, making the case for hard paternalism. When seen from a population-based perspective that counts the number of lives saved, paternalism becomes a plausible justification for interventions that do not pose a truly significant burden on individual liberty, but go along way toward safeguarding the health and wellbeing of the populace.
https://scholarship.law.georgetown.edu/ois_papers/19
oai:scholarship.law.georgetown.edu:ois_papers-1019
2009-09-02T18:51:52Z
publication:inst
publication:ois
publication:ois_papers
Science, Politics, and Values: The Politicization of Professional Practice Guidelines
Gostin, Lawrence O.
Kraemer, John D.
Article
2009-03-18T07:00:00Z
public health
politics
health policy
Health Law and Policy
The Connecticut Attorney General’s recent allegations that the Infectious Disease Society of America violated antitrust law through its treatment guidelines for Lyme disease were neither based in sound science or appropriate legal judgment. Strong scientific evidence favors IDSA’s position that chronic infection with the etiologic agent of Lyme disease does not occur in the absence of objective signs of ongoing infection and that long-term antibiotic use to treat dubious infection, recommended in the quasi-scientific guidelines put forth by the International Lyme and Associated Diseases Society (ILADS), are of no benefit. In siding with ILADS and other chronic Lyme disease advocates, ultimately forcing IDSA to settle lest it expend exorbitant legal costs, the attorney general abused science and his public trust. This case exemplifies the politicization of health policy and confuses the relative spheres inhabited by normative discourse and scientific inquiry. Science should provide the evidentiary base for normative discussions, and values and politics will always be important in deciding how science is applied for human benefit. But a wall of separation is needed between science, values, and politics, as medical science, and the patients who depend on it, is too important for political distortion.
https://scholarship.law.georgetown.edu/ois_papers/20
oai:scholarship.law.georgetown.edu:ois_papers-1022
2009-05-06T16:27:47Z
publication:inst
publication:ois
publication:ois_papers
Health Insurance Exchanges: Legal Issues
Jost, Timothy S.
Article
2009-04-27T07:00:00Z
health insurance
policy
Health Law and Policy
Insurance Law
Health insurance exchanges (HIE) are entities that organize the market for health insurance by connecting small businesses and individuals into larger pools that spread the risk for insurance companies, while facilitating the availability, choice and purchase of private health insurance for the uninsured. While there are legal issues that warrant consideration under a federal, state, or private exchange framework, those issues are not insurmountable barriers to implementation.
https://scholarship.law.georgetown.edu/ois_papers/23
oai:scholarship.law.georgetown.edu:ois_papers-1020
2009-05-06T16:22:12Z
publication:inst
publication:ois
publication:ois_papers
The Constitutionality of Mandates to Purchase Health Insurance
Hall, Mark A.
Article
2009-04-27T07:00:00Z
health
insurance
medical
constitution
mandates
Health Law and Policy
Health insurance mandates have been a component of many recent health care reform proposals. Because a federal requirement that individuals transfer money to a private party is unprecedented, a number of legal issues must be examined.
This paper analyzes whether Congress can legislate a health insurance mandate and the potential legal challenges that might arise, given such a mandate. The analysis of legal challenges to health insurance mandates applies to federal individual mandates, but can also apply to a federal mandate requiring employers to purchase health insurance for their employees. There are no Constitutional barriers for Congress to legislate a health insurance mandate as long as the mandate is properly designed and executed, as discussed below.
This paper also considers the likelihood of any change in the current judicial approach to these legal questions.
https://scholarship.law.georgetown.edu/ois_papers/21
oai:scholarship.law.georgetown.edu:ois_papers-1021
2009-09-02T19:23:18Z
publication:inst
publication:ois
publication:ois_papers
Executive Authority to Reform Health: Options and Limitations
Chugh, Madhu
Article
2009-04-27T07:00:00Z
health law
executive power
Constitutional Law
Health Law and Policy
Presidential power has provoked increasingly vigorous debate since the turn of this century. In recent years, scholars and lawyers have been grappling with how Congress's dictates may limit the President's Commander-in-Chief power to detain enemy combatants at Guantanamo Bay, to fight wars abroad, and to conduct intelligence activities at home. But policymakers have not yet explored the many possibilities for invoking the President's "Take Care" power to change health care policy.
This paper explores the scope and limits of President Barack Obama's ability to invoke his executive authority to reform health care. Specifically, it identifies ways the Obama Administration can use directives to: (1) expand Medicaid and SCHIP coverage through section 1115 waivers; (2) test quality initiatives through Medicare demonstration authority; (3) expand health information technology; (4) allow drug reimportation and experiment with contracting power under Medicare; (5) enhance patient protections and private coverage requirements; (6) lift coverage restrictions on Medicaid and SCHIP; and (7) build on the health insurance program for federal employees.
Consistent with the mission of the Legal Solutions in Health Reform project, this paper does not endorse a particular policy. Instead of recommending "what," it explains "how."
https://scholarship.law.georgetown.edu/ois_papers/22
oai:scholarship.law.georgetown.edu:ois_papers-1026
2009-05-06T18:16:33Z
publication:inst
publication:ois
publication:ois_papers
The Role of ERISA Preemption in Health Reform: Opportunities and Limits
Jacobson, Peter D.
Article
2009-04-27T07:00:00Z
ERISA
health policy
preemption
Health Law and Policy
Insurance Law
Labor and Employment Law
The Employee Retirement Income Security Act (ERISA) is a federal law regulating the administration of private employer-sponsored benefits including health benefits (i.e., health insurance offered by an employer). In general, since the federal government has exercised its authority to preempt state regulation of the administration of private employer-sponsored health plans, states are blocked from enforcing laws interfering with ERISA.
As many states pursue health care reform experiments, ERISA preemption becomes relevant as a potential limit on the scope and type of reforms states are able to enact. The dominant trend in ERISA litigation has been to preempt state legislation and litigation interfering with the administration of private employer sponsored health plans, making large-scale state health care reform initiatives difficult. The purpose of this paper is to examine the trajectory of judicial interpretation of ERISA and to discuss what opportunities exist to facilitate health care initiatives given the constraints of ERISA preemption.
https://scholarship.law.georgetown.edu/ois_papers/27
oai:scholarship.law.georgetown.edu:ois_papers-1024
2009-09-02T19:30:20Z
publication:inst
publication:ois
publication:ois_papers
Privacy and Health Information Technology
McGraw, Deven
Article
2009-04-27T07:00:00Z
technology
health law
Health Law and Policy
The increased use of health information technology (health IT) is a common element of nearly every health reform proposal because it has the potential to decrease costs, improve health outcomes, coordinate care, and improve public health. However, it raises concerns about security and privacy of medical information.
This paper examines some of the “gaps” in privacy protections that arise out of the current federal health privacy standard, the Health Insurance Portability and Accountability (HIPAA) Privacy Rule, the main federal law which governs the use and disclosure of health information.
Additionally, it puts forth a range of possible solutions, accompanied by arguments for and against each. The solutions provide some options for strengthening the current legal framework of privacy protections in order to build public trust in health IT and facilitate its use for health reform.
The American Recovery and Reinvestment Act (ARRA) enacted in February 2009 includes a number of changes to HIPAA and its regulations, and those changes are clearly noted among the list of solutions (and ARRA is indicated in the Executive Summary and paper where the Act has a relevant provision).
https://scholarship.law.georgetown.edu/ois_papers/25
oai:scholarship.law.georgetown.edu:ois_papers-1023
2009-05-06T18:10:24Z
publication:inst
publication:ois
publication:ois_papers
Insurance Discrimination on the Basis of Health Status: An Overview of Discrimination Practices, Federal Law and Federal Reform Options
Rosenbaum, Sara
Article
2009-04-27T07:00:00Z
health policy
insurance
discrimination
Civil Rights and Discrimination
Health Law and Policy
Insurance Law
Actuarial underwriting, or discrimination based on an individual’s health status, is a business feature of the voluntary private insurance market. The term “discrimination” in this paper is not intended to convey the concept of unfair treatment, but rather how the insurance industry differentiates among individuals in designing and administering health insurance and employee health benefit products.
Discrimination can occur at the point of enrollment, coverage design, or decisions regarding scope of coverage. Several major federal laws aimed at regulating insurance discrimination based on health status focus at the point of enrollment. However, because of multiple exceptions and loopholes, these laws offer relatively limited protections.
This paper provides a brief overview of discrimination practices, the federal law, and federal reform options to manage discriminatory practices in the insurance and employee health benefit markets.
https://scholarship.law.georgetown.edu/ois_papers/24
oai:scholarship.law.georgetown.edu:ois_papers-1025
2010-06-18T20:08:31Z
publication:inst
publication:ois
publication:ois_papers
The Purchase of Insurance Across State Lines in the Individual Insurance Market
Kanwit, Stephanie W
Article
2009-04-27T07:00:00Z
insurance
health law
governance
Health Law and Policy
Insurance Law
Proposals to allow the purchase of insurance across state lines (PASL) have gained some support in recent years. Health insurers have traditionally been allowed to sell a policy only within the state that approved and regulates that particular policy. PASL would allow insurers to sell a policy approved in one state to people residing in any state.
Any federal legislation to enact PASL in an individual insurance market would have to address two main legal considerations: 1) the McCarran-Ferguson Act, which allows the states to retain their regulatory authority over insurance, and 2) a constitutional prohibition against the commandeering of state officials by the federal government.
This paper outlines these obstacles and potential solutions, and concludes that as long as the legislation is thoughtfully drafted, there is no significant legal or Constitutional barrier to enacting PASL.
Additionally, the concepts discussed here may be relevant to any federal health reform legislation involving regulation of health insurance or the use of state officials.
https://scholarship.law.georgetown.edu/ois_papers/26
oai:scholarship.law.georgetown.edu:hpps_papers-1031
2009-09-01T20:27:51Z
publication:sw
publication:hpps_papers
Greening Historic DC: Challenges and Opportunities to Incorporate Historic Preservation into the District's Drive for Sustainable Development
Stein, Andrew
Article
2009-05-01T07:00:00Z
District of Columbia
historic preservation
LEED
Green Building Act
sustainability
C lean and Affordable Energy Act
National Trust for Historic Preservation
U.S. Green Building Council
Environmental Law
Housing Law
Land Use Law
Natural Resources Law
State and Local Government Law
This paper focuses primarily on the District of Columbia, a city with a robust past and a bold agenda for a sustainable future. However, it may not be obvious why historic preservation - a movement typically concerned with aesthetics - can play an integral role in a city's sustainability initiative. Therefore, this paper first sets forth the basic argument why historic preservation can be a tool to promote sustainable development. Part II examines the scientific data indicating that historic preservation is a green building practice. Next, Part III posits that investment in historic districts is an investment in sustainability. Then, Part IV gives an overview of the recent efforts by the National Trust for Historic Preservation to bolster this argument, including the National Trust's collaboration with the U.S. Green Building Council, which has yielded significant changes to the LEED rating system.
The remainder of this paper focuses on the efforts of the District. This paper identifies challenges and opportunities for the city's historic preservation program as the city commits to a sustainable future.
https://scholarship.law.georgetown.edu/hpps_papers/32
oai:scholarship.law.georgetown.edu:ois_papers-1027
2009-07-07T13:34:41Z
publication:inst
publication:ois
publication:ois_papers
Influenza A(H1N1) and Pandemic Preparedness Under the Rule of International Law
Gostin, Lawrence O.
Article
2009-07-07T07:00:00Z
swine flu
global health
international law
Health Law and Policy
International Law
A novel strain of Influenza A (H1N1) spread rapidly through Mexico in April 2009 and now spans the globe. By the time WHO was notified and responded, geographical containment was not feasible, leading the agency to call for mitigation. The international outbreak of SARS in 2003 and the more recent Influenza A (H5N1) among birds with limited transmission to humans helped prepare the world for the current pandemic threat. SARS galvanized the WHO to revise the antiquated International Health Regulations (IHR) in 2005, which took effect June 15, 2007. Governments instituted preparedness plans in response to avian influenza.
Despite increased preparedness, the WHO and US Centers for Disease Control and Prevention (CDC) lack key powers and resources. Reminiscent of past responses, many governments are acting out of fear or economic and political self-interest rather than scientific reason. Above all, there are serious questions of global justice, as Mexicans are subject to stigma and discrimination.
This article by Lawrence O. Gostin, O’Neill Professor of Global Health Law at Georgetown University, analyses WHO powers and resources including the pandemic alert system and the IHR, as well as the powers and resources of the CDC. He finds that although the response to H1N1 has been strong, the WHO and CDC need more authority and resources to deal with pandemic threats under the rule of international law.
https://scholarship.law.georgetown.edu/ois_papers/28
oai:scholarship.law.georgetown.edu:cong-1000
2009-08-17T18:28:23Z
publication:cong
publication:facsch
The Nomination of Sonia Sotomayor to be an Associate Justice of the Supreme Court of the United States: Hearing Before the S. Comm. on the Judiciary, 111th Cong., July 16, 2009 (Statement of Professor Nicholas Quinn Rosenkranz, Geo. U. L. Center)
Rosenkranz, Nicholas Quinn
Congressional Testimony
2009-01-01T08:00:00Z
International Law
Public Law and Legal Theory
Constitutional Law
I believe that contemporary foreign law generally has no place in the interpretation of the United States Constitution. …I will explain why reliance on foreign law to interpret the U.S. Constitution is in tension with our constitutional text and structure,
and with fundamental notions of democratic self-governance. I should emphasize that I take no position on the ultimate question of whether Judge Sotomayor should be confirmed, and I offer my comments with the greatest respect. But I am concerned that her recent speech on this issue may betray a misconception of the judicial role. For the balance of my testimony, I shall explain why.
https://scholarship.law.georgetown.edu/cong/1
oai:scholarship.law.georgetown.edu:ois_papers-1028
2009-09-02T18:37:53Z
publication:inst
publication:ois
publication:ois_papers
Global Goal for Vaccine Quest
Gostin, Lawrence O.
News Article
2009-01-01T08:00:00Z
public health
global health
Influenza (A) H1N1
swine flu
vaccine
Health Law and Policy
International Law
Lawrence Gostin, Visiting Professor of Global Health Law at the University of Sydney and the O’Neill Professor of Global Health Law at Georgetown University argues in The Australian that scarce swine flu immunization must go to the needy:
The rapid global transmission of Influenza (A) H1N1 (swine flu) has sparked a worldwide race to develop an effective vaccine. Finding a technological solution to swine flu will be a major scientific advance, but vital questions of scarcity and fairness loom large.
The swine flu vaccine will almost certainly be scarce, with manufacturers unable to meet the huge global demand. Governments face hard choices on how to ethically ration this scarce life-saving resource. Children and their caretakers should certainly be a high priority for swine flu vaccine because they rapidly spread the infection in day care and school. Yet privileging the elderly would be a mistake because they have contracted the new strain at the lowest rate and appear to have some immunity.
Instead, government should assign top priority to the most vulnerable who have died at a disproportionate rate—those who have poor health such as heart disease, asthma, or diabetes. This is also the fairest way to allocate scarce vaccines because people with multiple health conditions also tend to be the most disadvantaged in society.
It is vital that government makes allocation decisions fairly and transparently. The public has a right to know which groups will have priority access and why. One key problem, however, is that the private market is still likely to privilege the rich and politically connected in gaining access. Business culture is geared toward satisfying consumer demand, so the industry will charge what the market will bear for a scarce, valuable vaccine.
Rich countries will face scarcity, but they will have much more ample supplies than poor countries. The pressure on governments to protect their own citizens will be intense during a pandemic. The vaccine industry is likely to supply markets that can afford to pay and in countries where they are located. More than 90% of the world’s capacity to manufacture influenza vaccines is concentrated in Europe and North America. This leaves poor countries in Africa, Asia, and Latin America much more vulnerable as the rich stockpile vaccines.
Europe, and the United States are spending a fortune on vaccines and antiviral medication, but virtually none of these resources will benefit poor countries. Serious questions of global social justice arise when wealth, rather than need, becomes the primary allocation criterion. The mal-distribution of vaccines in the face of a global financial crisis will only widen the already yawning health gaps between the rich and the poor. Rich countries hoarding vaccines is also is a bad public health strategy because it allows the virus to circulate unchecked in highly populated developing countries.
Even if it is not politically expedient, justice requires that scarce vaccines go to the most disadvantaged. Equitable access to a vaccine against swine influenza is not merely a moral imperative. It is also critically necessary to safeguard global health.
The Weekend Australian, August 8-9, 2009, available <a href="http://www.theaustralian.news.com.au/story/0,25197,25896462-23289,00.html" >here</a>.
https://scholarship.law.georgetown.edu/ois_papers/29
oai:scholarship.law.georgetown.edu:cslp_papers-1000
2009-11-24T20:07:03Z
publication:cslp
publication:cslp_papers
publication:inst
Law Firms, Ethics, and Equity Capital: A Conversation
Georgetown University Law Center, The Center for the Study of the Legal Profession
Article
2007-04-30T07:00:00Z
Legal Ethics and Professional Responsibility
The correspondence collected here represents an effort to start a conversation. Pending legislation in the United Kingdom, based on what is known as the Clementi Report, would permit non-lawyer equity investment in law firms, subject to regulatory oversight. In other words, UK law firms could become publicly-traded businesses. This legislation has been proposed as part of reforms heralded as
improving the delivery of legal services to consumers. By contrast, such investment in law firms is forbidden by ethical rules in the United States. What will happen when the two countries with the most dominant global law firms begin to move along such different paths?
Australia already allows such investment, but the prospect of major UK firms raising capital in the equity markets has the potential to produce seismic shifts in the global market for legal services. It also could have far-reaching implications for the legal profession that we can only dimly anticipate. Until now, there has been remarkably little discussion -- especially in the United States -- about the possible effects of the UK legislation.
This paper attempts to redress that situation. It consists of an exchange among Bruce MacEwen, an expert on law firm economics and editor of the on-line publication Adam Smith, Esq.; Mitt Regan, a Professor at Georgetown University Law Center, an expert on the legal profession; and Larry Ribstein, a Professor at the University of Illinois College of Law, an expert on partnership law.
https://scholarship.law.georgetown.edu/cslp_papers/1
oai:scholarship.law.georgetown.edu:gelpi_papers-1000
2010-03-12T20:34:44Z
publication:gelpi_papers
publication:inst
publication:gelpp
The Track Record on Takings Legislation: Lessons from Democracy's Laboratories
Echeverria, John D.
Hansen-Young, Thekla
Article
2008-06-06T07:00:00Z
takings
property rights
state legislation
cost internalization
Environmental Law
Land Use Law
Legislation
This report by the Georgetown Environmental Law & Policy Institute, entitled "The Track Record on Takings Legislation: Lessons from Democracy's Laboratories," examines the experiences of Florida, Oregon, and several other states with legislation implementing the property rights agenda. The report is the first comprehensive effort to systematically identify and evaluate the on-the-ground consequences of so-called takings "compensation" laws. The major findings of the report are that the takings agenda has undermined community protections by forcing a roll back of existing legal rules and/or by exerting a chilling effect on new legislative activity, special interests such as developers and timber companies have been the primary beneficiaries of takings legislation, the takings laws have fomented and exacerbated neighbor-neighbor conflicts over land use issues, the takings agenda has conferred large windfalls on certain owners either in the form of taxpayer-funded awards or special exemptions from the rules that apply to the rest of the community, and the property rights agenda has undermined the democratic process. Contrary to a common argument made by proponents of this type of legislation, requiring the government to pay to regulate does not lead government officials to make a more nuanced appraisal of the costs and benefits of regulations, apparently because the salience of fiscal costs to government officials far outweighs the relatively more diffuse political benefits of community and homeowner protection.
https://scholarship.law.georgetown.edu/gelpi_papers/1
oai:scholarship.law.georgetown.edu:hri_papers-1000
2010-09-21T15:55:20Z
publication:inst
publication:hri_papers
publication:hri
Unintended Consequences: Refugee Victims of the War on Terror
Georgetown University Law Center, Human Rights Institute
Article
2006-06-02T07:00:00Z
Human Rights Law
Human Rights Law
https://scholarship.law.georgetown.edu/hri_papers/1
oai:scholarship.law.georgetown.edu:overviews-1000
2009-11-24T20:03:03Z
publication:overviews
publication:inst
publication:sci
Supreme Court of the United States, October Term 2006 Overview
Georgetown University Law Center, Supreme Court Institute
Doshi, Rupal
Article
2007-06-28T07:00:00Z
Supreme Court
Courts
https://scholarship.law.georgetown.edu/overviews/1
oai:scholarship.law.georgetown.edu:overviews-1001
2013-08-28T23:57:00Z
publication:overviews
publication:inst
publication:sci
Supreme Court Statistical Overview, October Term 2003
Georgetown University Law Center, Supreme Court Institute
Hollander, Liz
Article
2004-06-30T07:00:00Z
Supreme Court
Statistics
Courts
Judges
https://scholarship.law.georgetown.edu/overviews/2
oai:scholarship.law.georgetown.edu:overviews-1002
2013-08-29T00:01:40Z
publication:overviews
publication:inst
publication:sci
Supreme Court Overview, October Term 2004
Georgetown University Law Center, Supreme Court Institute
Falls, Kelly
Article
2005-06-28T07:00:00Z
Supreme Court
Statistics
Courts
Judges
https://scholarship.law.georgetown.edu/overviews/3
oai:scholarship.law.georgetown.edu:overviews-1003
2013-08-29T00:04:44Z
publication:overviews
publication:inst
publication:sci
Supreme Court of the United States, October Term 2005 Overview
Georgetown University Law Center, Supreme Court Institute
Cady, Rebecca
Article
2006-06-30T07:00:00Z
Supreme Court
Statistics
Courts
Judges
https://scholarship.law.georgetown.edu/overviews/4
oai:scholarship.law.georgetown.edu:cong-1001
2010-05-07T19:33:58Z
publication:cong
publication:facsch
Secret Evidence Repeal Act of 1999, Part 1: Hearing Before the H. Comm. on the Judiciary, 106th Cong., Feb. 10, 2000 (Statement of David D. Cole, Prof. of Law, Geo. U. L. Center)
Cole, David
Congressional Testimony
2000-02-10T08:00:00Z
terrorism – prevention
Immigration and Naturalization Service
INS
evidence (law) – United States
emigration and immigration law
Arab Americans
Courts
Immigration Law
Legislation
CIS-No.: 2000-H521-125.3
https://scholarship.law.georgetown.edu/cong/2
oai:scholarship.law.georgetown.edu:cong-1002
2009-09-08T16:11:21Z
publication:cong
publication:facsch
Unborn Victims of Violence Act of 1999: Hearing on S. 1673 Before the S. Comm. on the Judiciary, 106th Cong., Feb. 23, 2000 (Statement of Peter J. Rubin, Prof. of Law, Geo. U. L. Center)
Rubin, Peter J.
Congressional Testimony
2000-02-23T08:00:00Z
violent crimes – United States
victims of crimes
fetus -- legal status
laws
etc.
miscarriage – law and legislation
Unborn Victims of Violence Act of 1999
Criminal Law
Law and Gender
Legislation
https://scholarship.law.georgetown.edu/cong/4
oai:scholarship.law.georgetown.edu:cong-1003
2010-05-07T19:39:59Z
publication:cong
publication:facsch
Private Property Rights and Telecommunications Policy: Hearing Before the H. Comm. on the Judiciary, 106th Cong., Mar. 21, 2000 (Statement of Viet D. Dinh, Prof. of Law, Geo. U. L. Center)
Dinh, Viet D.
Congressional Testimony
2000-03-21T08:00:00Z
right of property – United States
public utilities – right of way
telecommunication policy – United States
Federal Communications Commission
FCC
Administrative Law
Communications Law
Constitutional Law
Property Law and Real Estate
CIS-No.: 2000-H521-97
https://scholarship.law.georgetown.edu/cong/3
oai:scholarship.law.georgetown.edu:cong-1004
2010-05-07T19:33:42Z
publication:cong
publication:facsch
Secret Evidence Repeal Act of 1999, Part 2: Hearing Before the H. Comm. on the Judiciary, 106th Cong., May 23, 2000 (Statement of David D. Cole, Prof. of Law, Geo. U. L. Center)
Cole, David
Congressional Testimony
2000-05-23T07:00:00Z
Secret Evidence Repeal Act of 1999
criminal evidence – United States
secrecy – law and legislation
Immigration and Naturalization Service
INS
emigration and immigration law
Arab Americans
terrorism – prevention
Courts
Immigration Law
Legislation
CIS-No.: 2000-H521-126.3
https://scholarship.law.georgetown.edu/cong/5
oai:scholarship.law.georgetown.edu:cong-1006
2010-05-07T19:30:59Z
publication:cong
publication:facsch
CFIUS and the Role of Foreign Direct Investment in the U.S.: Hearing Before the Subcomm. on Domestic and International Monetary Policy, Trade and Technology of the H. Comm. on Financial Services, 109th Cong., Apr. 27, 2006 (Statement of Professor Daniel K. Tarullo, Geo. U. L. Center)
Tarullo, Daniel K.
Congressional Testimony
2006-04-27T07:00:00Z
Exon-Florio Amendment
national security
foreign investments – United States
Antitrust and Trade Regulation
Legislation
https://scholarship.law.georgetown.edu/cong/7
oai:scholarship.law.georgetown.edu:cong-1005
2010-06-18T20:14:19Z
publication:cong
publication:facsch
In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies: Hearing Before the U.S. Copyright Office, Library of Cong., May 6, 2009 (Statement of Roger V. Skalbeck, Geo. U. L. Library, on behalf of the American Association of Law Libraries, the Medical Library Association and the Special Libraries Association)
Skalbeck, Roger
Congressional Testimony
2009-05-06T07:00:00Z
Copyright
Fair Use (Copyright)
Education
Intellectual Property Law
Science and Technology Law
The American Association of Law Libraries, the Medical Library Association, and the Special Libraries Association submit the following comments on exemptions that should be granted pursuant to 17 U.S.C. § 1201 (a)(1)(C).
Our request for an exemption is specifically aimed at literary and audiovisual works, usually commercially-produced, lawfully-acquired DVDs, when circumvention is used to make compilations of brief portions of the works for educational use by faculty members in a classroom setting.
Specifically, we request that the exemption granted to faculty in media and film studies programs after the 2006 rulemaking proceeding be broadened to faculty of law and the health sciences, and that the exemption be extended to include lawfully-acquired copies from any source permitted by 17 U.S.C. § 110 (1).
https://scholarship.law.georgetown.edu/cong/6
oai:scholarship.law.georgetown.edu:cong-1008
2010-05-07T19:24:22Z
publication:cong
publication:facsch
How to improve regulatory accounting : costs, benefits, and impacts of federal regulations: Testimony Before the H. Subcomm. on Energy Policy, Natural Resources, and Regulatory Affairs, of the H. Comm. on Government Reform, Hearing on Regulatory Accounting, 108th Cong., Mar. 11, 2003 (Statement of Lisa Heinzerling, Prof. of Law, Geo. U. L. Center)
Heinzerling, Lisa
Congressional Testimony
2003-03-11T08:00:00Z
Office of Management and Budget
trade regulation – United States
industrial laws and legislation – compliance costs
industrial policy
delegated legislation – United States
Administrative Law
Law and Economics
CIS-No.: 2003-H401-74.2
https://scholarship.law.georgetown.edu/cong/10
oai:scholarship.law.georgetown.edu:cong-1007
2009-09-09T12:56:17Z
publication:cong
publication:facsch
The Needs of the Working Poor: Hearing Before the S. Comm. on Health, Education, Labor and Pensions, 107th Cong., Feb. 14, 2002 (Statement of Peter B. Edelman, Prof. of Law, Geo. U. L. Center)
Edelman, Peter B.
Congressional Testimony
2002-02-14T08:00:00Z
welfare recipients – employment
poor – services for
work and family – United States
Earned Income Tax Credit
EITC
child health insurance
Labor and Employment Law
Social Welfare Law
CIS-No.: 2002-S431-25
https://scholarship.law.georgetown.edu/cong/11
oai:scholarship.law.georgetown.edu:cong-1009
2010-05-07T19:24:04Z
publication:cong
publication:facsch
H.R. 2432, Paperwork and Regulatory Improvements Act of 2003: Testimony Before the H. Comm. on Government Reform, 108th Cong., July 22, 2003 (Statement of Lisa Heinzerling, Prof. of Law, Geo. U. L. Center)
Heinzerling, Lisa
Congressional Testimony
2003-07-22T07:00:00Z
Paperwork and Regulatory Improvements Act of 2003
government paperwork – law and legislation
records and correspondence – law and legislation
pollution – law and legislation
administrative agencies
Environmental Law
Legislation
https://scholarship.law.georgetown.edu/cong/9
oai:scholarship.law.georgetown.edu:cong-1010
2009-09-09T13:16:37Z
publication:cong
publication:facsch
GAO's Recent Report on the Implementation of Exec. Order 12630 and the State of Federal Agency Protections of Private Property Rights: Hearing before the H. Subcomm. on the Judiciary, 108th Cong., Oct. 16, 2003 (Statement of John D. Echeverria, Exec. Dir., Georgetown Environmental Law & Policy Inst., Geo. U. L. Center)
Echeverria, John D.
Congressional Testimony
2003-10-16T07:00:00Z
Executive Order 12630
Takings Clause
land use – law and legislation
right of property – government policy
General Accounting Office
GAO
Constitutional Law
Property Law and Real Estate
CIS-NO.: 04-H521-6
https://scholarship.law.georgetown.edu/cong/8
oai:scholarship.law.georgetown.edu:cong-1012
2009-09-09T13:18:34Z
publication:cong
publication:facsch
Democracy in Hong Kong: Hearing Before the Subcomm. on East Asian and Pacific Affairs of the S. Comm. on Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement of Professor James V. Feinerman, Geo. U. L. Center)
Feinerman, James V.
Congressional Testimony
2004-03-04T08:00:00Z
Basic Law of Hong Kong
human rights
Hong Kong (China) – politics and government
People’s Republic of China
PRC
United States – foreign relations
China – foreign relations
Human Rights Law
International Law
International Trade Law
CIS-No.: 2004-S381-40
https://scholarship.law.georgetown.edu/cong/17
oai:scholarship.law.georgetown.edu:cong-1011
2010-05-07T19:39:46Z
publication:cong
publication:facsch
Trade and Human Rights: The Future of U.S.-Vietnamese Relationships: Hearing Before the S. Comm. on Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement of Viet D. Dinh, Prof. of Law, Geo. U. L. Center)
Dinh, Viet D.
Congressional Testimony
2004-02-12T08:00:00Z
freedom of religion – Vietnam
United States – foreign economic relations
Vietnam – foreign economic relations
World Trade Organization
WTO
human rights
Human Rights Law
International Trade Law
CIS-No.: 2004-S381-38
https://scholarship.law.georgetown.edu/cong/18
oai:scholarship.law.georgetown.edu:cong-1013
2009-09-09T13:19:28Z
publication:cong
publication:facsch
Appropriate Role of Foreign Judgments in the Interpretation of American Law: Hearing Before the H. Comm. on the Judiciary, 108th Cong., Mar. 25, 2004 (Statement of Vicki C. Jackson, Prof. of Law, Geo. U. L. Center)
Jackson, Vicki C.
Congressional Testimony
2004-03-25T08:00:00Z
United States Supreme Court – rules and practice
foreign judgments – United States
judicial process – United States
international law
Constitutional Law
International Law
Judges
CIS-No.: 2004-H521-20
https://scholarship.law.georgetown.edu/cong/16
oai:scholarship.law.georgetown.edu:cong-1014
2010-05-07T19:33:27Z
publication:cong
publication:facsch
Aiding Terrorists: Hearing Before the S. Comm. on the Judiciary, 108th Cong., May 5, 2004 (Statement of David D. Cole, Geo. U. L. Center)
Cole, David
Congressional Testimony
2004-05-05T07:00:00Z
International Emergency Economic Powers Act
IEEPA
terrorism – prevention
terrorists – government policy
civil liberties
terrorism investigation – government policy
terrorism – finance
Civil Rights and Discrimination
Constitutional Law
Immigration Law
https://scholarship.law.georgetown.edu/cong/15
oai:scholarship.law.georgetown.edu:cong-1015
2010-05-07T19:23:40Z
publication:cong
publication:facsch
POPs, PIC, and LRTAP: The Role of the U.S. in Draft Legislation to Implement These International Conventions : Testimony Before the H. Subcomm. on Environment and Hazardous Materials of the H. Comm. on Energy and Commerce, 108th Cong., Jul. 13, 2004 (Statement of Lisa Heinzerling, Prof. of Law, Geo. U. L. Center)
Heinzerling, Lisa
Congressional Testimony
2004-07-13T07:00:00Z
persistent pollutants – law and legislation
hazardous substances
air – pollution
Toxic Substances Control Act
TSCA
environmental policy – United States
Environmental Law
Legislation
CIS-No.: 2004-H361-69.2
https://scholarship.law.georgetown.edu/cong/14
oai:scholarship.law.georgetown.edu:cong-1016
2010-06-18T20:15:26Z
publication:cong
publication:facsch
Bankruptcy Reform: Hearing Before the S. Comm. on the Judiciary, 109th Cong., Feb. 10, 2005 (Statement Todd Zywicki, Visiting Prof. of Law, Geo. U. L. Center)
Zywicki, Todd J
Congressional Testimony
2005-02-10T08:00:00Z
Bankruptcy Reform Act
fraudulent conveyances
consumer protection – United States
Banking and Finance Law
Bankruptcy Law
CIS-No.: 2008-S521-18
https://scholarship.law.georgetown.edu/cong/13
oai:scholarship.law.georgetown.edu:cong-1017
2010-05-07T19:32:50Z
publication:cong
publication:facsch
Oversight of the USA Patriot Act: Hearing Before the S. Comm. on the Judiciary, 109th Cong., Apr. 5, May 10, 2005 (Statement of David D. Cole, Prof. of Law, Geo. U. L. Center)
Cole, David
Congressional Testimony
2005-05-10T07:00:00Z
Arab Americans
right of privacy – United States
deportation
terrorism – prevention
terrorism investigation – government policy
intelligence service – law and legislation
Civil Rights and Discrimination
Immigration Law
Legislation
CIS-NO.: 2006-S521-6
https://scholarship.law.georgetown.edu/cong/12
oai:scholarship.law.georgetown.edu:cong-1021
2010-05-07T19:41:34Z
publication:cong
publication:facsch
House Resolution on the Appropriate Role of Foreign Judgments in the Interpretation of the Constitution of the United States: Hearing Before the Subcommittee on the Constitution, House Committee on the Judiciary, 109th Cong., July 19, 2005 (Statement of Viet D. Dinh, Prof. of Law, Geo. U. L. Center)
Dinh, Viet D.
Congressional Testimony
2005-07-19T07:00:00Z
judicial review – United States
foreign judgments – United States
United States Supreme Court – rules and practices
Constitutional Law
Courts
International Law
CIS-No.: 2005-H521-48
https://scholarship.law.georgetown.edu/cong/19
oai:scholarship.law.georgetown.edu:cong-1020
2010-05-07T19:51:32Z
publication:cong
publication:facsch
House Resolution on the Appropriate Role of Foreign Judgements in the Interpretation of the Constitution of the United States: Hearing Before the Subcomm. on the Constitution, H. Comm. on the Judiciary, 109th Cong., July 19, 2005 (Statement of Nicholas Quinn Rosenkranz, Prof. of Law, Geo. U. L. Center)
Rosenkranz, Nicholas Quinn
Congressional Testimony
2005-07-19T07:00:00Z
separation of powers
judicial review – United States
Unites States Supreme Court – rules and practices
foreign judgments – United States
Constitutional Law
Courts
International Law
CIS-No.: 2005-H521-48
https://scholarship.law.georgetown.edu/cong/20
oai:scholarship.law.georgetown.edu:cong-1019
2010-06-18T20:16:13Z
publication:cong
publication:facsch
Securing American Sovereignty: A Review of the United States' Relationship with the WTO: Hearing Before the Subcomm. on Federal Financial Management, Government Information, and International Security of the S. Comm. on Homeland Security and Governmental Affairs, 109th Cong., July 15, 2005 (Statement of Professor Robert K. Stumberg, Geo. U. L. Center)
Stumberg, Robert
Congressional Testimony
2005-07-15T07:00:00Z
World Trade Organization – rules and practice
General Agreement on Trade in Services
GATS
foreign trade regulation
free trade – United States
Antitrust and Trade Regulation
International Trade Law
CIS-No.: 2006-S481-40
https://scholarship.law.georgetown.edu/cong/21
oai:scholarship.law.georgetown.edu:cong-1018
2010-05-07T19:32:36Z
publication:cong
publication:facsch
Alien Gang Removal Act of 2005: Hearing Before the H. Comm. on the Judiciary, 109th Cong., June 28, 2005 (Statement of David D. Cole, Prof. of Law, Geo. U. L. Center)
Cole, David
Congressional Testimony
2005-06-28T07:00:00Z
illegal aliens
deportation
gangs – United States
gang prevention
juvenile delinquency – United States
Immigration Law
Legislation
https://scholarship.law.georgetown.edu/cong/22
oai:scholarship.law.georgetown.edu:cong-1026
2010-05-07T19:51:17Z
publication:cong
publication:facsch
Presidential Signing Statements: Hearing Before the S. Comm. on the Judiciary, 109th Cong., June 27, 2006 (Statement of Nicholas Quinn Rosenkranz, Prof. of Law, Geo. U. L. Center)
Rosenkranz, Nicholas Quinn
Congressional Testimony
2006-06-27T07:00:00Z
signing statements (legislation) – United States
statutory construction
executive power
separation of powers
Constitutional Law
Courts
CIS No.: 2007-H521-18
https://scholarship.law.georgetown.edu/cong/23
oai:scholarship.law.georgetown.edu:cong-1025
2009-09-29T15:57:32Z
publication:cong
publication:facsch
Net Neutrality: Hearing Before the Senate Committee on Commerce, Science and Transportation, 109th Cong., Feb. 7, 2006 (Statement of J. Gregory Sidak, Visiting Prof. of Law, Geo. U. L. Center)
Sidak, J. Gregory
Congressional Testimony
2006-02-07T08:00:00Z
internet service providers – law and legislation
telecommunication policy – United States
internet – access control
consumer protection
competition – government policy
broadband communication systems
Administrative Law
Antitrust and Trade Regulation
Law and Economics
CIS-No: 2006-S261-94
https://scholarship.law.georgetown.edu/cong/24
oai:scholarship.law.georgetown.edu:cong-1024
2010-05-07T19:30:35Z
publication:cong
publication:facsch
Development of New Basel Capital Accords: Hearing Before the S. Comm. on Banking, Housing, and Urban Affairs, 109th Cong., Nov. 10, 2005 (Statement of Professor Daniel K. Tarullo, Geo. U. L. Center)
Tarullo, Daniel K.
Congressional Testimony
2005-11-10T08:00:00Z
banks and banking – United States
Basel II
international banks and banking – risk management
Banking and Finance Law
Legislation
CIS-No. 2007-S241-5
https://scholarship.law.georgetown.edu/cong/25
oai:scholarship.law.georgetown.edu:cong-1022
2010-05-07T19:19:57Z
publication:cong
publication:facsch
Amendment in the Nature of a Substitute to H.R. 2795, the "Patent Act of 2005": Hearing Before the Subcomm. on Courts, the Internet, and Intellectual Property of the H. Comm. on the Judiciary, 109th Cong., Sept. 15, 2005 (Statement of Professor John R. Thomas, Geo. U. L. Center)
Thomas, John R.
Congressional Testimony
2005-09-15T07:00:00Z
patent infringement
patent suits
patent laws and legislation – United States
Legislation
Science and Technology Law
CIS-No.: 2005-H521-64
https://scholarship.law.georgetown.edu/cong/27
oai:scholarship.law.georgetown.edu:cong-1023
2009-09-09T13:30:23Z
publication:cong
publication:facsch
Supreme Court Nomination John G. Roberts: Hearing Before the S. Comm. on the Judiciary, 109th Cong., Sept. 15, 2005 (Statement of Peter B. Edelman, Prof. of Law, Geo. U. L. Center)
Edelman, Peter B.
Congressional Testimony
2005-09-15T07:00:00Z
judicial review – United States
judges – selection and appointment
civil rights
United States Supreme Court – officials and employees
Courts
Judges
CIS-No.: 2005-S521-32
https://scholarship.law.georgetown.edu/cong/26
oai:scholarship.law.georgetown.edu:cong-1027
2010-05-07T19:49:25Z
publication:cong
publication:facsch
Examination of the Constitutional Amendment on Marriage: Hearing Before the Subcomm. on the Constitution, Civil Rights, and Property Rights of the S. Comm. on the Judiciary, 109th Cong., Oct. 20, 2005 (Statement of Professor Louis Michael Seidman, Geo. U. L. Center)
Seidman, Louis Michael
Congressional Testimony
2005-10-20T07:00:00Z
marriage law – United States
same-sex marriage – law and legislation
judicial review
Marriage Protection Amendment
constitutional amendments – United States
Civil Rights and Discrimination
Constitutional Law
Courts
CIS-No.: 2006-S521-9
https://scholarship.law.georgetown.edu/cong/34
890094/simple-dublin-core/100//