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Georgetown University Law Center

About: Georgetown University Law Center is a based out in . It is known for research contribution in the topics: Supreme court & Global health. The organization has 585 authors who have published 2488 publications receiving 36650 citations. The organization is also known as: Georgetown Law & GULC.


Papers
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Journal Article
TL;DR: Concepts of new federalism suggest not only that the existing powers of the federal government should be limited, but that prior federal responsibilities should increasingly be returned to the states, and the assumption that theFederal government may appropriately supply privacy protections is challenged.
Abstract: In a modern national health information infrastructure that encourages widespread collection, storage, and disclosure of identifiable health information, there exist new challenges to protecting health data privacy. Arguments for better health information privacy protections have motivated significant legal reform, particularly at the state level. Through the use of their virtually limitless police powers, states have enacted numerous types of privacy laws and policies concerning health data. These varied state privacy laws and regulations, however, have resulted in a patchwork system of protections with glaring exceptions. Consequently, many suggest the need for national federal health information privacy protections. Congress has introduced comprehensive health information privacy bills over the past several years and the federal Department of Health and Human Services is preparing to implement administrative regulations for the same purpose. Yet it is uncertain whether, and to what extent, the federal government should or can effectually protect health information privacy in an era of new federalism. The relationship between federalism and health information privacy ultimately concerns the ability of government in the United States to protect individual privacy. Principles of new federalism suggest not only that the existing powers of the federal government should be limited, but that prior federal responsibilities should increasingly be returned to the states. As these principles are explored against the need for privacy protections, the assumption that the federal government may appropriately supply these protections is challenged. The existing patchwork of state protections must not only be preserved, but may actually be preferred.

3 citations

Journal ArticleDOI
TL;DR: Governments have the duty to respect, protect, and fulfill the right to health during humanitarian emergencies, and to block international assistance can constitute a crime against humanity under international law.

3 citations

Journal ArticleDOI
TL;DR: The impact of non-violation complaints in the World Trade Organization (WTO) has been discussed in this article, where the authors retrace the negotiation history of this remedy and its entire jurisprudence in order to demonstrate that the WTO dispute settlement system can neither undermine the results of negotiations reflecting the power struggle amongst sovereign nation-states, nor remedy their failure to negotiate by creating new legal obligations.
Abstract: This article addresses the impact of politics and diplomacy upon the enforcement of international legal obligations through the example of non-violation complaints in the World Trade Organization (WTO). Although this remedy inherited from the past has always been criticized, both the scope and the effects of non-violation complaints upon the WTO dispute settlement system have been disregarded and misunderstood. Only a few WTO members have insisted on using this remedy to the detriment of the immense majority of WTO members for which non-violation complaints still represent an unaffordable luxury. Therefore, this article retraces the negotiation history of this remedy and its entire jurisprudence in order to demonstrate that the WTO dispute settlement system can neither undermine the results of negotiations reflecting the power struggle amongst sovereign nation-states, nor remedy their failure to negotiate by creating new legal obligations. As a result, the security and predictability of the WTO dispute settlement system is at stake, for WTO panels and the Appellate Body have been reluctant and unable to define the ambiguous legal concept of non-violation.

3 citations

Journal ArticleDOI
16 Jul 2020
TL;DR: The Shareholder Value Myth (2012) as mentioned in this paper is the most complete set of thoughts about corporate governance, and it was the subject of a book that extended well beyond the corporate world (Cultivating Conscience [2011] ).
Abstract: Abstract In this brief essay, I want to call something Lynn Stout was passionate about: building a better account (both theoretical and empirical) of human nature and motivation. This was the subject of a book that extended well beyond the corporate world (Cultivating Conscience [2011]) and was implicit in her most complete set of thoughts about corporate governance, The Shareholder Value Myth (2012). Lynn understood that such a behavioral account was needed to support her theory of corporate purpose. The other CONVIVIUM contributions say little about this aspect of her work, so I am bringing her thoughts about human motivation frontstage.

3 citations

Posted Content
TL;DR: It is imperative that clear plans for medical resource allocation are made in advance of bioterrorism and other mass casualty situations, and the use of legal process to engage the public in discussion and seek collective resolution of an unresolvable dilemma.
Abstract: The threat of bioterrorism poses formidable ethical and legal challenges. In the event of a bioterror attack, medical providers and public health officials may be called upon to deliver or administer medical resources to vulnerable populations. If those resources are insufficient in quantity to treat these populations, many people who vitally need aggressive medical care will not have access to it. Public health officials will have to allocate scarce medical resources and devices within these vulnerable populations, implicitly opting to save certain lives at the expense of others. Health care providers will be in the conspicuous and unfortunate position of turning away many deathly ill people. Under intense pressure, health care providers operating without proper guidance may make inconsistent decisions that do not reflect sound public health policy. Accordingly, to guide allocation and to ensure that it does not disrupt or undermine recovery efforts, it is imperative that clear plans for medical resource allocation are made in advance of bioterrorism and other mass casualty situations. This Note explores various alternatives and, finding none of them acceptable, advocates the use of legal process to engage the public in discussion and seek collective resolution of an unresolvable dilemma.

3 citations


Authors

Showing all 585 results

NameH-indexPapersCitations
Lawrence O. Gostin7587923066
Michael J. Saks381555398
Chirag Shah343415056
Sara J. Rosenbaum344256907
Mark Dybul33614171
Steven C. Salop3312011330
Joost Pauwelyn321543429
Mark Tushnet312674754
Gorik Ooms291243013
Alicia Ely Yamin291222703
Julie E. Cohen28632666
James G. Hodge272252874
John H. Jackson271022919
Margaret M. Blair26754711
William W. Bratton251122037
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Performance
Metrics
No. of papers from the Institution in previous years
YearPapers
202174
2020146
2019115
2018113
2017109
2016118