2024-03-28T18:34:35Z
http://pjephl.law.pitt.edu/ojs/pjephl/oai
oai:ojs.pjephl.law.library.pitt.edu:article/1
2021-11-03T16:43:13Z
pjephl:ART
Regulation of Emission of Greenhouse Gases and Hazardous Air Pollutants from Motor Vehicles
Davison, Steven G.
Emissions from motor vehicles of toxic and hazardous air pollutants, carbon dioxide, and other greenhouse gases1-emissions that currently are not regulated under the federal Clean Air Act2-are receiving increasing attention at both the federal and state government levels as government officials and members of the public express increasing concern that these substances may pose as much of a threat to public health and welfare as other pollutants from motor vehicles which currently are regulated under the Clean Air Act.Many scientists are reporting a "25-year trend of rising globaltemperatures" and "other dramatic signs of global warming, such as the record shrinkage of the Arctic sea ice cover and unprecedented high ocean temperatures in the Gulf of Mexico."3 Many people attribute global warming to emissions of carbon dioxide and other greenhouse gases resulting fromhuman activities such as the burning of fossil fuels by power plants and motor vehicles.4 Scientists recently have found that the year 2005 was the hottest year on record for the Northern Hemisphere, with temperatures approximately1.3 degrees Fahrenheit above historical average temperatures.5
University Library System, University of Pittsburgh
2007-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/1
10.5195/pjephl.2007.1
Pittsburgh Journal of Environmental and Public Health Law; Vol. 1 (2007): Volume 1: Spring 2007
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/1/1
oai:ojs.pjephl.law.library.pitt.edu:article/2
2021-11-03T16:43:04Z
pjephl:ART
Drawing Boundaries for Air Quality Control Under the Clean Air Act: The Importance of NOT Being Nonattainment
Luneburg, William V.
Much has changed with regard to air pollution control since 1970 whenCongress revised the Clean Air Act to assume a form that, in very broad terms,it retains today. From a legal point of view, while states1 still retained at thattime wide-ranging discretion to design the regulatory controls necessary toattain the air quality goals of the Act, that discretion was significantly limitedwhen Congress revisited the Act in 1977. State discretion diminished to aneven greater extent, particularly with regard to the air pollutants ozone, carbonmonoxide, and particulate matter, when President George H.W. Bush signedthe Clean Air Act Amendments of 1990.
University Library System, University of Pittsburgh
2007-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/2
10.5195/pjephl.2007.2
Pittsburgh Journal of Environmental and Public Health Law; Vol. 1 (2007): Volume 1: Spring 2007
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/2/2
oai:ojs.pjephl.law.library.pitt.edu:article/4
2021-11-03T16:42:57Z
pjephl:ART
Navigating in Uncertain Waters: 2006 Update on the Regulation of Ballast Water Discharge in the United States
Aquino, Julie A.
Every day more than 10,000 marine species are swept up in the ballast water of ships and make their way across the globe. 1 When discharged into non-native waters, these species are able to damage infrastructure, disrupt commerce, out compete native species, reduce biodiversity, and threaten human health.2 The ecological losses are difficult to quantify; however, the direct and indirect economic costs have been measured at billions of dollars per year in the United States alone.3 Recognizing the severity of the problem, Congress directed the Coast Guard in 1996 to administer a ballast water program and issue guidelines.4 According to various interest groups, the aquatic invasive species problem persists today despite Coast Guard involvement because of inherent and technological limitations surrounding ballast water management (BWM).5 However, other groups believe that the crux of the problem is that the Coast Guard has simply not acted aggressively enough to address the problem. In March 2005, an environmental advocacy group, joined by six states, convinced a federal district court for the Northern District of California that the EPA had exceeded its statutory authority by exempting the discharge of ballast water from the control of the Clean Water Act (CWA)6 in the case of Northwest Environmental Advocates v. EPA.
University Library System, University of Pittsburgh
2007-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/4
10.5195/pjephl.2007.4
Pittsburgh Journal of Environmental and Public Health Law; Vol. 1 (2007): Volume 1: Spring 2007
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/4/4
oai:ojs.pjephl.law.library.pitt.edu:article/5
2021-11-03T16:42:49Z
pjephl:ART
Worker “Right to Know” in 30-year Retrospect: Did We Get it Right, with What We Know Today?
O'Reilly, James T.
Three decades later, did we negotiators get it right? When in 2007 we passed the 30th anniversary of the first “right to know” workplace disclosure rules, 1 should we who negotiated the rule reflect favorably on what was produced? And which of the competing sides, once labeled Doomsayers or Pollyannas, has been proven correct by the miraculous clarity of hindsight? We who were “present at the creation” of the Occupational Safety & Health Administration (“OSHA”) Hazard Communication Standard2 find the saga a mixture of success, frustration and unmet expectations. This essay offers one player’s historical and policy retrospective, and I draw an ambiguous conclusion about an unsettled controversy.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/5
10.5195/pjephl.2008.5
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/5/5
oai:ojs.pjephl.law.library.pitt.edu:article/6
2021-11-03T16:42:41Z
pjephl:ART
Introduction
Meisel, Alan
As recently as the mid- to late-nineteenth century, it could honestly be said that there was no medical profession in the United States. Yes, there were doctors. And of course there were patients with illness and injuries. But if it is contentious today as to how best to treat various conditions, a century and a half ago it was nothing short of a circus. Although the American Medical Association had been founded in 1847, allopathic medicine could hardly be said to be the dominant school of thought. Others abounded, some of which still exist today, but none of them were capable of doing very much in the way of treating illness.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/6
10.5195/pjephl.2008.6
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/6/6
oai:ojs.pjephl.law.library.pitt.edu:article/7
2021-11-03T16:42:32Z
pjephl:ART
Non-Profit Hospitals, Tax Exemption and Access for the Uninsured
Crossley, Mary
I want to approach the topic of tax exemption for non-profit hospitals from the perspective of the 46 plus million Americans who have no health insurance and the significant additionalnumber whom we might characterize as underinsured. In essence, persons who are underinsured have some form of health coverage but they remain at serious risk for significant out-of-pocket expenditures when they become sick. From this perspective, the key question is what role, if any, do the non-profit health care sector and, more particularly, non-profit hospitals have to play in addressing the vexing problems posed by the large number of uninsured and underinsured. We tend to think of these problems primarily, although not exclusively, as problems of access.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/7
10.5195/pjephl.2008.7
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/7/7
oai:ojs.pjephl.law.library.pitt.edu:article/8
2021-11-03T16:42:24Z
pjephl:ART
Comments on the Role of the Modern Charitable Health Care Providers
Emerson, Karl
As was indicated earlier, my name is Karl Emerson and I am the Directorof the Pennsylvania Bureau of Charitable Organizations. The Bureau is thestate agency responsible for administering Pennsylvania’s Solicitation ofFunds for Charitable Purposes Act. 1 This is the statute that governsorganizations soliciting charitable contributions from Pennsylvania residents,businesses, and/or private foundations. Pennsylvania’s solicitation statute issimilar to the solicitation statutes of 38 other states and requires organizationssoliciting charitable contributions in Pennsylvania to typically register withthe Bureau prior to soliciting. 2 Registration usually involves the organizationsubmitting a registration statement; a copy of its IRS 990 Return; a copy of itsaudited or reviewed financial statements; and copies of its Articles ofIncorporation, By-Laws, and IRS Determination Letter. 3 The Bureau thenmakes this information available to the public through our toll-free number,our website, and otherwise.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/8
10.5195/pjephl.2008.8
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/8/8
oai:ojs.pjephl.law.library.pitt.edu:article/9
2021-11-03T16:42:16Z
pjephl:ART
Remarks on Tax Issues
Burke, Linda
I kept praying that by the time the program got to me, there would be something left to say. My experience is purely as a tax advisor and not as an advisor to a hospital health care provider. Therefore, I do not have quite the overlap that the other speakers have had. But I can tell you how the IRS operates in this area and I can give you perhaps some predictions and some things to look for. Now, these thoughts are entirely mine. I did call my former colleagues at the IRS to find out if they would tell me anything, and they are not about to let somebody like me give information of that nature to an audience like you. Any such breaking information will definitely come directly from members of the IRS and Treasury.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/9
10.5195/pjephl.2008.9
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/9/9
oai:ojs.pjephl.law.library.pitt.edu:article/10
2021-11-03T16:42:08Z
pjephl:ART
Intersection of Tax-Exemption and Fraud and Abuse Issues
Boyle, Thomas
Mr. Boyle: Thank you, Alan. First, I want to thank Jan Wenzel from our firm who is a 1999 Health Law Certificate graduate for pulling together some research material.With regard to Tom Hyatt’s comments, let me raise a couple of questions or comments to respond to those comments before I move into some of the other areas. First off, when you look at the test that was designed by the IRS in 1969 we really did not have many hospitals in large parts of the country that were participating in Medicare and Medicaid. In other words, you had a lot of hospitals that were not Medicare/Medicaid providers. You also at that time did not have a very high population that was covered by Medicare and Medicaid. UPMC today, my guess is, 50 to 60 percent of their revenue or patient flow is from Medicare or Medicaid. So of course you have today very few hospitals that do not participate in Medicare or Medicaid because the percentage of the population that has gone into those programs has grown far beyond what was projected in the mid-60s and certainly by 1969. 1
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/10
10.5195/pjephl.2008.10
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/10/10
oai:ojs.pjephl.law.library.pitt.edu:article/11
2021-11-03T16:42:00Z
pjephl:NOT
Federal Wetlands Jurisdiction – The Quagmire of Rapanos v. United States
Jones, G. W.
Federal jurisdiction over wetlands under the Clean Water Act (“CWA”) 1 has always been difficult to delineate. Wetlands, by definition can be difficult to classify as either water or land. The CWA attempts to regulate these areas; it prohibits discharge of material without a permit into “navigable waters,” which are in turn defined in section 1362(7) of the CWA as the “waters of the United States.” The Army Corps of Engineers 2 is charged with granting permits, and must make the determination of whether or not certain areas of wetlands fall within the jurisdiction of the CWA.3 The Corps has interpreted the phrase “navigable waters” very broadly to include waters “which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce.”4 The tributaries of any of these “waters” also fall within the Corps’ jurisdiction.5 Intrastate waters are covered if their “use, degradation or destruction . . . could affect interstate or foreign commerce.”6 Wetlands “adjacent” to waters, such as those described above, except waters that are themselves wetlands, also clearly fall within federal jurisdiction under the CWA.7 Jurisdictional problems arise however when there are bodies of water or wetlands close to but not directly connected to navigable waters. These areas may still have significant impact on the neighboring navigable waters if a developer fills them in, or an industrial site discharges pollutants into them. Thus the Corps of Engineers has sought to regulate some of these wetland areas, in order to hold true to the CWA’s overall goals “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/11
10.5195/pjephl.2008.11
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/11/11
oai:ojs.pjephl.law.library.pitt.edu:article/13
2021-11-03T16:41:44Z
pjephl:ART
Crisis in the Making: What is Wrong with Pennsylvania Public Health Law
Bozza, John A.
There are few areas of government enterprise where the need to “get it right” is so critical as formulating and executing laws affecting the public health. When the government sets out to exercise its police power 1 to control the spread of disease, its goal is to accomplish an immensely important practical task; and its success is to a great degree objectively determinable—the spread of disease is either curtailed or not. However, the manner in which the government’s goal is reached reflects not only its pragmatic concerns but also a society’s political, social, and legal values.
University Library System, University of Pittsburgh
2009-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/13
10.5195/pjephl.2009.13
Pittsburgh Journal of Environmental and Public Health Law; Vol. 3 (2009): Volume 3: Spring 2009
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/13/13
oai:ojs.pjephl.law.library.pitt.edu:article/14
2021-11-03T16:41:52Z
pjephl:ART
Fat and Fried: Linking Land Use Law, The Risks of Obesity, and Climate Change
Tarlock, Dan
Among the major immediate risks faced by the United States are the increasing rate of obesity of its population and a wide range of potential adverse climate change impacts such as the rising of sea levels, which could result in more extreme flooding and droughts. 2 This article draws from the growing interest in the law and policy of disaster response and risk response3 generated in the wake of Hurricane Katrina. Its focus is the use of law to induce the adaptation of societal behavior to minimize the long-term costs of the two serious risks4 rather than on post-disaster relief. Specifically, this article examines how one set of policy instruments, land use planning and regulation, can help to minimize the costs of these inevitable risks. Obesity and global climate change are here, although their specific impacts are still hard to predict. The basic argument is that spatial planning may help mitigate the two risks and the costs associated with them, even though spatial planning and land use regulation are relatively limited policy instruments to deal with these maddeningly complex social and political problems for two primary reasons. First, the law faces structural barriers; in the main, land use law is designed to produce a “one-off” solution to mitigate a nuisance-like use rather than to produce long-term substantive results. Second, efforts to induce behavioral change challenge the deep-seated value of freedom to live where and how one wants as the quote from the director of disaster relief in Kansas indicates. Nonetheless, the effort is worth making as there are clear links between land use regulation and these two risks.
University Library System, University of Pittsburgh
2008-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/14
10.5195/pjephl.2008.14
Pittsburgh Journal of Environmental and Public Health Law; Vol. 2 (2008): Volume 2: Spring 2008
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/14/14
oai:ojs.pjephl.law.library.pitt.edu:article/16
2021-11-03T16:41:34Z
pjephl:ART
Waiving Environmental Concerns Along the Border: Fence Construction and the Waiver Authority of the Real ID Act
Echemendia, Jennifer
In 1994, the former Immigration and Naturalization Service (“INS”) instituted a border enforcement policy aimed at deterring illegal immigration along strategic points of the United States’ southern border by increasing the presence of border patrol agents and constructing physical barriers. 3 The INS anticipated that securing conventional routes of entry would force illegal immigrants to more remote and rugged sections of the border that would be more difficult to traverse.4 The ultimate success of the policy has been debated, but it did result in a substantial decrease of illegal entries in places like San Diego, California and El Paso, Texas.5 As anticipated, the number of attempted illegal entries also increased along more remote sections of the border, although it is unclear that the inhospitable terrain has deterred significant numbers of illegal immigrants from crossing the border.
University Library System, University of Pittsburgh
2009-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/16
10.5195/pjephl.2009.16
Pittsburgh Journal of Environmental and Public Health Law; Vol. 3 (2009): Volume 3: Spring 2009
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/16/16
oai:ojs.pjephl.law.library.pitt.edu:article/17
2021-11-03T16:41:25Z
pjephl:ART
The Public Health Aspects of Environmental Enforcement
Craig, Robin Kundis
Beyond being an environmental concern, pollution is a public health problem. As a result, enforcement of anti-pollution statutes, such as the Clean Air Act and the Clean Water Act, not only protects the environment, but also furthers fundamental public health goals. Moreover, public health benefits provide politically salient arguments for continuing and even strengthening environmental protection that can counteract any political opposition that can arise as a result of the costs of environmental regulation and compliance to regulated entities and the taxpayers.Thus, it is worth examining the extent to which the Environmental Protection Agency (“EPA”) considers the public health in its environmental enforcement priorities and decisions. Focusing on the Clean Air Act and the Clean Water Act, this Article undertakes such an examination by: (1) outlining the statutory connections between public health considerations and environmental regulation; (2) examining the EPA’s enforcement priorities and guidance; and (3) criticizing the EPA’s presentation of its own enforcement effectiveness over the last decade.This Article concludes that public health considerations do play a significant role in environmental enforcement policies and decisionmaking. However, the EPA’s commitment to presenting the public health benefits of its enforcement actions has varied considerably over the last decade. With the release of its FY2009 enforcement assessment, however, the EPA has both expanded its analysis of the connection between environmental pollution enforcement and public health benefits and created new tools to enhance the transparency of these benefits to the affected public.
University Library System, University of Pittsburgh
2010-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/17
10.5195/pjephl.2010.17
Pittsburgh Journal of Environmental and Public Health Law; Vol. 4 (2010): Volume 4: Spring 2010
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/17/17
oai:ojs.pjephl.law.library.pitt.edu:article/18
2021-11-03T16:41:17Z
pjephl:ART
Conte v. Wyeth: Caveat Innovator and the Case for Perpetual Liability in Drug Labeling
Ramey, Martin A.
Since the citadel of privity first crumbled for manufacturers of defective products decades ago, state and federal courts have expanded the foundations of products liability law to include not only purchasers as plaintiffs but “ultimate” bystanders under notions of reasonableness, foreseeability and risk allocation. 3 During this time, products such as drugs, blood products and medical devices have come to be viewed as distinct from other commodities, particularly with the coming of the Restatement (Third) of Torts: Products Liability.
University Library System, University of Pittsburgh
2010-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/18
10.5195/pjephl.2010.18
Pittsburgh Journal of Environmental and Public Health Law; Vol. 4 (2010): Volume 4: Spring 2010
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/18/18
oai:ojs.pjephl.law.library.pitt.edu:article/19
2021-11-03T16:41:09Z
pjephl:NOT
Focusing on Demand Side Management in the Future of the Electric Grid
Czajkowski, Steven D.
The widespread blackout that occurred on August 14, 2003 (“the blackout”) exposed the weaknesses of the current electric transmission grid structure, and underscored the need for improvements to the transmission grid in the United States. The outage knocked out power to approximately fifty million people in Ohio, Michigan, Pennsylvania, New York, Vermont, Massachusetts, Connecticut, New Jersey and the Canadian province of Ontario. 1 The total cost in the United States was estimated to be between $4 and $10 billion.
University Library System, University of Pittsburgh
2010-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/19
10.5195/pjephl.2010.19
Pittsburgh Journal of Environmental and Public Health Law; Vol. 4 (2010): Volume 4: Spring 2010
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/19/19
oai:ojs.pjephl.law.library.pitt.edu:article/20
2021-11-03T16:41:01Z
pjephl:NOT
Sound Body, Sound Mind—The Impact of the Mental Health Parity Act of 2008
Stuckhardt, Leigh
On October 3, 2008, in response to bank and lending house failures and the worst economic downturn since the Great Depression, President Bush signed into law the Emergency Economic Stabilization Act of 2008, more commonly known as the “bailout bill.” As funds 1 from the financial relief program created by the bailout bill, the Troubled Assets Relief Program (TARP), are spent to slowly reverse the economic recession, another positive effect of the bailout bill has already taken hold in an area having nothing to do with financial markets—health insurance coverage for Americans suffering from mental illness. This is because, buried within the Emergency Economic Stabilization Act, is the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Act of 2008 (the “2008 Act”)—legislation that requires parity in insurance coverage for physical and mental illness.
University Library System, University of Pittsburgh
2010-04-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/20
10.5195/pjephl.2010.20
Pittsburgh Journal of Environmental and Public Health Law; Vol. 4 (2010): Volume 4: Spring 2010
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/20/20
oai:ojs.pjephl.law.library.pitt.edu:article/21
2021-11-03T16:40:23Z
pjephl:ART
The Evolution of NEPA in the Fight Against Climate Change
Reiley, Robert
The National Environmental Policy Act (“NEPA”) is the first environmental charter of the United States. 1 Signed into law on January 1, 1970, NEPA addresses the need for overarching national environmental guidance in the country. During the course of its forty year history, NEPA has been used to challenge a wide range of federal actions including the issuance of operating permits under the Clean Air Act,2 the approval of forest management plans approved under the National Forest Management Act,3 the construction of highways under the Federal-Aid Highways Act,4 and the issuance of oil leases under the Outer Continental Shelf Lands Act.5 Given the breadth of NEPA’s applicability, it was inevitable that NEPA would become a tool to combat climate change. The use of NEPA to require federal agencies to take a “hard look” at greenhouse gas (“GHG”) emissions makes perfect sense because many federal actions directly or indirectly contribute to GHG emissions. Since 1990, in City of Los Angeles v. NHTSA,6 plaintiffs have used NEPA, successfully and unsuccessfully, to challenge federal actions that might have an impact on the global climate.
University Library System, University of Pittsburgh
2011-01-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/21
10.5195/pjephl.2011.21
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/21/21
oai:ojs.pjephl.law.library.pitt.edu:article/23
2021-11-03T16:40:16Z
pjephl:NOT
Universal Healthcare and Access for Undocumented Immigrants
Wolbert, Samuel
Nothing can rouse fury in even the most apathetic voter or stir the vitriol of American political discourse like the healthcare debate. From the run-up to the 2008 Presidential Election—when then-Senator Barack Obama made the creation of a revamped healthcare system the crux of his platform—through the present, the President’s Patient Protection and Affordable Care Act (“PPACA”) has been under siege. Obstreperous members of Congress on both sides of the debate levied traditional lines of criticism, concerning themselves with the law’s perceived socialist leaning 1 or the associated financial burden.2 Still other critics believe the healthcare plan will grant undocumented immigrants unmerited access to the benefits of a public healthcare system. Collectively, the narrative surrounding the healthcare debate has been so overly contentious and hostile as to obviate any remaining comity within the political discourse surrounding the problem. 3 But, behind all this white noise and livid rhetoric there still remains the central issue: without an adequate proposal that addresses the undocumented immigrant ‘problem,’ President Obama’s healthcare plan is incomplete.
University Library System, University of Pittsburgh
2011-01-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/23
10.5195/pjephl.2011.23
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/23/23
oai:ojs.pjephl.law.library.pitt.edu:article/24
2021-11-03T16:40:08Z
pjephl:NOT
The Octo Mom Meets Constitutional Law: Testing the Constitutionality of Restricting Fertility Treatments
Miller-Sporrer, Theresa
On 26 January 2009, Nadya Suleman gave birth to eight children. 1 The public outpouring of support quickly turned into widespread condemnation as more information about Ms. Suleman’s multiple pregnancies and financial situation was released.2 Once the public learned not only that Ms. Suleman had six other children but also that all fourteen children had been conceived using in vitro fertilization, the public began to question both her judgment and the judgment of her doctor.3 The public apparently was willing to accept the birth if it was the non-deliberate product of a hormone-based fertility treatment but was less willing to accept the birth if it was the result of a deliberate choice on the part of Ms. Suleman and her physician.
University Library System, University of Pittsburgh
2011-01-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/24
10.5195/pjephl.2011.24
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/24/24
oai:ojs.pjephl.law.library.pitt.edu:article/25
2021-11-03T16:40:00Z
pjephl:ART
A Brief Introduction to Medicare and the Office of Medicare Hearings and Appeals
Clermont, Woody R.
Medicare is a single-payer federal program providing health insurance for individuals ages 65 and older, those meeting the definition for permanent disability within the Social Security Act, 1 and those with end-stage renal disease.2 Medicare also covers care that is both reasonable and necessary in connection with the diagnosis and treatment of the underlying illness or injury.3 Medicare evolved from the Social Security Act over the course of three decades. The original Social Security Act4 was drafted between 1934 and 1935 by the Committee on Economic Security;5 the Committee during the first term of President Franklin Delano Roosevelt’s presidency, had been under the oversight of United States Secretary of Labor Frances Perkins.
University Library System, University of Pittsburgh
2011-06-05
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/25
10.5195/pjephl.2011.25
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 2: Summer 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/25/25
oai:ojs.pjephl.law.library.pitt.edu:article/26
2021-11-03T16:39:52Z
pjephl:ART
The Fight over Fizz: Soda Taxes as a Means of Curbing Childhood Obesity
Hoffman, Laura
When Michelle Obama found her way to the White House as First Lady, she was a woman with a mission—to help children live healthier lives and tackle childhood obesity. In speaking of this endeavor, the First Lady stated: “In the end, as First Lady, this isn’t just a policy issue for me. This is a passion. This is my mission. I am determined to work with folks across this country to change the way a generation of kids thinks about food and nutrition.” 2 Mrs. Obama’s dedication to this effort was not just talk. Her mission and passion led to the establishment of a federal campaign to fight childhood obesity and promote the education of children on health and nutrition known as Let’s Move.3 Additionally, the First Lady’s efforts have been supported by the actions of her husband, President Barack Obama.4 President Obama’s commitment to this mission was first evidenced by his signature to the creation of the first ever federal Task Force on Childhood Obesity simultaneously with the development of the Let’s Move campaign.5 Based on research done by this Task Force, it was recommended that Mrs. Obama’s Let’s Move campaign focused on the following four principles: 1. empowering parents and caregivers, 2. providing healthy food in schools, 3. improving access to healthy, affordable foods, and 4. increasing physical activity.
University Library System, University of Pittsburgh
2011-06-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/26
10.5195/pjephl.2011.26
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 2: Summer 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/26/26
oai:ojs.pjephl.law.library.pitt.edu:article/27
2021-11-03T16:39:44Z
pjephl:NOT
If Words Could Kill: Can the Government Regulate Any Online Speech?
Pontzer, Laura
From the inception of American jurisprudence, an individual’s right to freedom of speech and expression guaranteed by the First Amendment to the United States Constitution 1 has been given some of the strongest protection available.2 The most celebrated legal minds in American history have consistently advocated the necessity of an open and honest exchange of ideas as fundamental to democratic society,3 even when the ideas expressed may be unpopular or of little value.4 Nonetheless, it is equally well-established that not all speech is protected, particularly where the speech in question poses a threat to public order.5 Although First Amendment law continues to evolve, the media available to Americans wishing to express their ideas seem to be evolving exponentially faster, particularly in the forum provided by the Internet.6 Indeed, the vast expansion and availability of Internet media seem to continually outstrip the much more gradual evolution of the law, not only in the United States but worldwide.
University Library System, University of Pittsburgh
2011-06-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/27
10.5195/pjephl.2011.27
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 2: Summer 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/27/27
oai:ojs.pjephl.law.library.pitt.edu:article/28
2021-11-03T16:39:36Z
pjephl:NOT
Federal Contractor Liability: The Hanford Decision
Goetz, Caitlin
During World War II, the U.S. Government sought out contractors in the name of “patriotism” to research and develop nuclear materials for this country’s defense. Nearly seventy years later, we are still dealing with the effects of that research. However, the issue of who should bear responsibility for the long-term effects is still being argued. One of the major issues is whether those contractors are allowed to raise the federal contractor defense.The common law federal contractor defense arises out of basic principles of governmental immunity. The defense protects government contractors from liability for any harm arising out the performance of a government contract, specifically in the areas of military and defense work, if the contractor was following the government’s directions and the work performed was in an area of “uniquely federal” concern.
University Library System, University of Pittsburgh
2011-06-15
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/28
10.5195/pjephl.2011.28
Pittsburgh Journal of Environmental and Public Health Law; Vol. 5 (2011): Volume 5, Issue 2: Summer 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/28/28
oai:ojs.pjephl.law.library.pitt.edu:article/30
2021-11-03T16:39:11Z
pjephl:ART
Gubernatorial Emergency Management Powers: Testing the Limits in Pennsylvania
Sweeney, Patricia
We live in an age marked by natural disasters, pandemics, and terrorism. Individually and in combination, these destructive forces provoke socio-political and economic havoc across the country. Pennsylvanians are intimately familiar with the devastating effects of flooding, severe tornadoes, and crippling snowstorms. Moreover, the very landscape of Pennsylvania bears the scars of the wreckage of a failed terrorist airplane hijacking. Such disasters, be they attributable to nature or humankind, present unique challenges to state and local governments. During such crisis, officials-from small-town mayors to the Governor-are called upon to make critical, time-sensitive decisions. Some of these decisions will be wise and prove effective, while others may not. Against this backdrop of seemingly impending crisis, it is critical that the legal powers of elected officials be clearly understood before they are needed. This article explores one such disaster-related legal issue by answering the question: When the Governor of Pennsylvania declares a state of emergency, what are his emergency management powers, and what is the breadth of the scope of these powers? Answering this question requires an understanding of state governors' powers in general, which is presented in Part II of the article. Part III discusses the constitutional and statutory authority for the Pennsylvania Governor's emergency management powers. The apparent breadth of these powers is explored in Part IV, wherein the Governor's powers are analyzed in the context of legislative history. Part V analyzes effective "checks" on the Governor's powers and details a specific instance of a legal challenge to the Governor's declaration of a state of emergency. Part VI concludes with the answer to the central inquiry.
University Library System, University of Pittsburgh
2012-07-03
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/30
10.5195/pjephl.2012.30
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2012): Volume 6, Issue 2: Spring 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/30/30
oai:ojs.pjephl.law.library.pitt.edu:article/31
2021-11-03T16:39:00Z
pjephl:ART
Doctors, Dioceses, and Decisions: Examining the Impact of the Catholic Hospital System and Federal Conscience Clauses on Medical Education
Wurdock, Stephanie M.
In a time when health care reform and the limits on First Amendment freedom of religion are persistent subjects of debate, Catholic restrictions on health care have made it to the forefront of public concern. Catholic providers prohibit a variety of medical procedures traditionally viewed by the Church as contrary to the tenet of respect for human life and dignity. Many Americans view this as an unconstitutional restriction on care. As a result, the growing presence of Catholic providers, namely hospitals, has become a major point of contention in many communities. The potential barrier to medical services raises concern not only for potential patients, but also for medical students whose chosen specialty may include a prohibited service. This article identifies some difficulties that may emerge for current and prospective medical students and advocates that both groups should be required to contemplate (1) their personal beliefs as they pertain to religiously-restricted care, and (2) the effects those beliefs will have on their medical education and training. This article also gives a comprehensive background of the history of the Catholic hospital system in America and analyzes the federal "conscience clauses" and their implications for the instruction and practice of medicine. Finally, this article concludes that a mandatory bioethics curriculum is absolutely crucial to ensure adequate ethics training for medical students.
University Library System, University of Pittsburgh
2012-07-03
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/31
10.5195/pjephl.2012.31
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2012): Volume 6, Issue 2: Spring 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/31/31
oai:ojs.pjephl.law.library.pitt.edu:article/32
2021-11-03T16:38:51Z
pjephl:NOT
Follow the Money: Insulating Agribusiness Through Lobbying and Suppression of Individual Free Speech
McCue, Mallorie
Each year, the global food and beverage industry, made up of food suppliers, manufacturers, and retailers, generates more than $5.7 trillion in the business of developing food and selling it for consumption.[1] To maintain their profit level, agribusiness companies lobby the government, donating nearly $58 million to candidates for federal office in the 2010 election cycle alone.[2] In a time when the health and safety of our food is called into question, one wonders who is protecting the interests of consumers.[3] With the advent of Citizens United v. FEC, corporations are entitled to greater First Amendment protection than ever before, as the government is prohibited from making distinctions or imposing regulations based upon the identity of the speakers who are exercising their First Amendment rights.[1] Additionally, the decision set forth that corporations have no cap on spending for the election or defeat of candidates.[2] President Obama commented that the ruling "opens the floodgates for an unlimited amount of special interest money into our democracy . . . giv[ing] lobbyists new leverage to spend millions on advertising to persuade elected officials to vote their way-or to punish those who don't."[3] At the heart of the matter is our First Amendment right to free speech. The First Amendment includes guarantees that Congress will make no law prohibiting or abridging the exercise of freedom of speech, freedom of the press, or the petitioning of the Government for a redress of grievances. Corporations assert that their donations to candidates for public office are an exercise of their right to free speech and further their corporate speech.[4] However, whistleblowers insist that corporations are not individuals, and should not be protected as such; and that corporate contributions should be limited to protect against corruption.[5] This Note argues that with Citizens United, special interests such as agribusiness now wield the greatest political and economic power in history, allowing them to further drown individual free speech with agricultural disparagement statutes and lobbying.[6] Private advocacy nonprofits rely on voluntary donations to enhance the impact of individual voices on elections. Yet corporations can simply make a large, tax-deductible donation to their chosen candidate at a crucial moment in the election, saving or defeating the candidate and preserving their corporate interest.[1] Paired with corporate practices that emphasize profits over the interests and welfare of the American people, such as utilizing agricultural disparagement statutes, industries such as agribusiness have been granted carte blanche to suppress individual free speech. With unlimited corporate funds flowing to favorable candidates, the ruling has the potential effect of suppressing public opinion by using corporate funding to further agricultural disparagement statutes. Section I will discuss commercial speech, food labeling, and the constitutionality of veggie libel laws, as well their effect of insulating agribusiness from criticism. Section II contains an analysis of Citizens United and its potential effect on agribusiness. Section III sets forth a proposed solution for dulling the impact of Citizens United with transparency, campaign finance reform and disclosure.
University Library System, University of Pittsburgh
2012-07-03
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/32
10.5195/pjephl.2012.32
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2012): Volume 6, Issue 2: Spring 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/32/32
oai:ojs.pjephl.law.library.pitt.edu:article/33
2021-11-03T16:38:43Z
pjephl:NOT
Is Down Syndrome Doomed? How State Statutes Can Help Expectant Parents Make Informed Decisions about Prenatal Down Syndrome Diagnoses*
Santin, Teresa
Giving birth to a child with Down syndrome is a choice and one that should be well-informed. It has become a trend for expectant parents to abort fetuses with Down syndrome before fully weighing their options.[1] Expectant parents may automatically assume that an individual with Down syndrome will not lead a worthwhile life and that raising the child will pose too many challenges for them.[2] In order to minimize the number of fetuses with Down syndrome that are being aborted (which may be greater than 90%),[3] expectant parents need access to up-to-date, comprehensive information about all aspects of raising a child with Down syndrome, including the many positive aspects. Whatever decision a parent makes regarding raising a child with Giving birth to a child with Down syndrome is a choice and one that should be well-informed. It has become a trend for expectant parents to abort fetuses with Down syndrome before fully weighing their options.[1] Expectant parents may automatically assume that an individual with Down syndrome will not lead a worthwhile life and that raising the child will pose too many challenges for them.[2] In order to minimize the number of fetuses with Down syndrome that are being aborted (which may be greater than 90%),[3] expectant parents need access to up-to-date, comprehensive information about all aspects of raising a child with Down syndrome, including the many positive aspects. Whatever decision a parent makes regarding raising a child with consent. Part IV examines current state and federal laws that require healthcare providers to give information to expectant mothers who receive a prenatal Down syndrome diagnosis. Part IV also addresses why a law requiring post-Down syndrome diagnosis information is not unduly burdensome. Specifically, Part IV looks closely at the Prenatally and Postnatally Diagnosed Conditions Awareness Act and state statutes in Missouri, New Jersey, Alabama, and Virginia. Part V discusses why laws already enacted on this issue are inadequate and proposes a model statute that all states can follow in crafting their own similar laws. Finally, Part V addresses potential concerns related to the proposed law like cost, enforcement, and First Amendment rights, and how those issues may be resolved.
University Library System, University of Pittsburgh
2012-07-03
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/33
10.5195/pjephl.2012.33
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2012): Volume 6, Issue 2: Spring 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/33/33
oai:ojs.pjephl.law.library.pitt.edu:article/34
2021-11-03T16:39:18Z
pjephl:FM
Front Matter
PJEPHL, Editor
None
University Library System, University of Pittsburgh
2012-07-02
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/34
10.5195/pjephl.2012.34
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2012): Volume 6, Issue 2: Spring 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/34/34
oai:ojs.pjephl.law.library.pitt.edu:article/40
2021-11-03T16:38:34Z
pjephl:ART
Dead People Don’t Eat: Food Governmentenomics and Conflicts-of-Interest in the USDA and FDA
Steier, Gabriela
Conflicts of interest permeate the governance of the federal advisory committees that issue recommendations to consumer protection agencies, such as the Food and Drug Administration (FDA) and the United States Department of Agriculture (USDA), and therefore, American consumers need a federal solution to protect their health from biased recommendations. In order to promote a business-friendly food pyramid, agribusinesses and food industrialists lobby for dietary guidelines that boost their sales. The resulting guidelines cause great damage to public health, spur environmental pollution, and result in a loss of democratic freedoms. As a result, the FDA and USDA's bifurcated task of protecting both food producers and consumers, creates a conflict of interest within the agencies that often favor the food industry over consumer protection.This paper describes the problems embedded within the FDA and USDA's conflict of interest and the resulting revolving door of the heavily invested lobbyists, and finally, suggests statutory amendments to solve this problem. The proposed amendments will dispense with ineffective disclosure requirements and eliminate the possibility of waiving conflicts of interest for advisory committee members. By rebalancing the composition of the advisory committees and the scientific basis for the dietary recommendations, the proposed amendments will close the loopholes that large food industrialists currently abuse. As a result, consumer protection agencies, such as the FDA and USDA, are empowered to police the federal advisory committees issuing the dietary recommendations and prevent government officials from breaching their fiduciary duties to American consumers.
University Library System, University of Pittsburgh
2013-02-18
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/40
10.5195/pjephl.2013.40
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 1: Winter 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/40/36
oai:ojs.pjephl.law.library.pitt.edu:article/41
2021-11-03T16:38:26Z
pjephl:ART
Climate Change and the Ageing Population: Enforcing the Rights to Life and Health Under Human Rights, Health and Climate Change Regimes
Alabi, Saheed A.
This article explores potential methods of protecting the ageing population from the consequences of climate change. It discusses the enforcement of the "right to life" (the right to live a life free from environmental degradation) and/or health relating to the environment in protection of the ageing population. Many countries have codified the right to life and/or health in their constitutions. In order to enjoy this right, it is essential that a clean and healthy environment be secured.Thus, this article assesses the consideration of climate change by international human rights and health regimes. It also examines whether climate obligations such as emissions reduction, climate impact assessment, mitigation and adaptation can be enforced through these regimes. The article suggests that expanding the purview of new international climate policies that address the public health of the ageing population will fill the absence of health policies under the climate regime. Finally, after proposing that climate litigation through human rights enforcement may reshape global responses to adverse effects of climate change on the ageing population, the article suggests additional ways to achieve such feats.
University Library System, University of Pittsburgh
2013-02-18
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/41
10.5195/pjephl.2013.41
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 1: Winter 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/41/37
oai:ojs.pjephl.law.library.pitt.edu:article/42
2021-11-03T16:38:19Z
pjephl:NOT
Uniform Adoption Laws: A Public Health Perspective
Crum, Deborah E.
Adoption has long been seen as the "perfect solution" for numerous parties. Traditionally viewed, adoption is no more than a social service procedure; however, viewed more broadly, adoption provides a solution to the public health concerns of unplanned pregnancies and foster care populations. In the United States, the power to establish and administer the legal and procedural systems applicable to the adoption process is granted to the individual states, due to their responsibility to regulate the welfare of children. Therefore, like other areas of family law, adoption is a state-created statute. Conflicts between states are not uncommon because of the discrepancies in adoption laws amongst the states. These discrepancies between different state adoption laws lead to confusion, forum shopping, and most importantly, negative attitudes and reactions toward adoption. Ultimately, these discrepancies hurt the only innocent party involved: children in need of a family. As a solution to multiple public health concerns, adoption laws would benefit from a uniform adoption act. This Note will examine the extensive issues resulting from the discrepancies between state adoption laws and address how a uniform adoption act could significantly promote adoption as a viable solution to two public health concerns: the increasing number of unplanned pregnancies and the significant number of children in foster care awaiting permanent placements. Section I explores public health concerns that would benefit from a uniform adoption act. Section II discusses adoption laws as state responsibilities and addresses the major consequences of having different state adoption laws. Section III details past efforts to overcome the differences in state adoption laws, including the Uniform Adoption Act of 1994. Finally, Section IV analyzes the need for some form of uniform adoption laws if adoption is to remain a viable solution to public health concerns, namely the increasing number of unplanned pregnancies and significant number of children in the foster care system awaiting adoption.
University Library System, University of Pittsburgh
2013-02-18
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/42
10.5195/pjephl.2013.42
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 1: Winter 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/42/38
oai:ojs.pjephl.law.library.pitt.edu:article/43
2021-11-03T16:38:12Z
pjephl:NOT
Energy Policy Act of 2005: Pseudo-Fed for Transmission Congestion
Obrecht, Alexander K.
Increasing federal involvement in the wholesale electricity market, and the ever-important emphasis on renewable energy resources, exposed the inadequacies of the existing transmission infrastructure. The Energy Policy Act of 2005 (EPAct 2005) attempted to address the transmission problems butfailed to adequately consolidate federal power over transmission siting. The resulting atmosphere presents an unsustainable dichotomy in which federal involvement encourages generation dependent upon transmission access, while state control over transmission siting impedes the necessary investment and capital improvement. Despite the efforts of EPAct 2005, a coherent and effective national energy policy remains unobtainable without the ability to incentivize generation and guarantee access to transmission by facilitating its development across state lines.This note proceeds in two sections. First, the background section provides a brief history of federally mandated deregulation in the wholesale electricity market. A brief summary of EPAct 2005 then explains Congress's attempt to encourage transmission investment by allowing limited federal jurisdiction over the siting process. Second, the note analyzes the current pressures exerted on the transmission grid by renewable energy and inadequate state siting processes. The analysis then addresses the judicial interpretations of EPAct 2005 and how the United States Courts of Appeals delayed federal jurisdiction over transmission siting for the foreseeable future.
University Library System, University of Pittsburgh
2013-02-18
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/43
10.5195/pjephl.2013.43
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 1: Winter 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/43/39
oai:ojs.pjephl.law.library.pitt.edu:article/46
2021-11-03T16:38:03Z
pjephl:FM
Front Matter
Malatesta, Alex
Front Matter
University Library System, University of Pittsburgh
2013-02-18
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/46
10.5195/pjephl.2013.46
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 1: Winter 2012
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/46/40
oai:ojs.pjephl.law.library.pitt.edu:article/49
2021-11-03T16:37:55Z
pjephl:ART
PRIVATIZING PEACE: How Private Sector Investment Can Address the West Bank Water Crisis and Wash Away Oslo II
Zweifach, Benjamin
None
University Library System, University of Pittsburgh
2013-06-06
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/49
10.5195/pjephl.2013.49
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 2: Spring 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/49/46
oai:ojs.pjephl.law.library.pitt.edu:article/50
2021-11-03T16:37:47Z
pjephl:ART
Wait Not, Want Not: The Importance of the Statute of Limitations in Qui Tam False Claims Act Cases
Stallings, Stephen S.
Caravello, Laura E.
none
University Library System, University of Pittsburgh
2013-06-06
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/50
10.5195/pjephl.2013.50
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 2: Spring 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/50/47
oai:ojs.pjephl.law.library.pitt.edu:article/51
2021-11-03T16:37:39Z
pjephl:NOT
Reservations Please! Could Energy Development on Native American Land Be America’s Most Valuable Resource?
Greenhowe, Jada Scott
none
University Library System, University of Pittsburgh
2013-06-06
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/51
10.5195/pjephl.2013.51
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 2: Spring 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/51/48
oai:ojs.pjephl.law.library.pitt.edu:article/52
2021-11-03T16:37:31Z
pjephl:NOT
Muddying the Waters: The Downstream Implications of Wal-Mart v. Dukes for Medical Monitoring Class Actions in Missouri
Guthrie, Rachel D.
In 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court heightened scrutiny of class certification under Federal Rule of Civil Procedure (FRCP) 23(a)(2)'s commonality requirement and imposed a strict injunctive standard for relief sought under FRCP Rule 23(b)(2). In 2007, the Missouri Supreme Court followed several other states in acknowledging that claimants tortiously exposed to toxins may seek medical monitoring for latent disease in a class action. Although state courts are not bound by federal procedural rules, class actions increasingly invoke federal jurisdiction, and this Article attempts to analyze the likely implications of Dukes for toxic exposure class actions. Further, using Missouri as a benchmark, this Article provides suggestions for bolstering the chances of recovery for toxic exposure claimants facing removal to federal courts.
University Library System, University of Pittsburgh
2013-06-06
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/52
10.5195/pjephl.2013.52
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 2: Spring 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/52/49
oai:ojs.pjephl.law.library.pitt.edu:article/53
2021-11-03T16:39:28Z
pjephl:FM
Vol. 6, Issue 1
Tighe, Tara
Vol. 6, Issue 1
University Library System, University of Pittsburgh
2012-01-01
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/53
10.5195/pjephl.2011.53
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2011): Volume 6, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/53/41
oai:ojs.pjephl.law.library.pitt.edu:article/54
2021-11-03T16:40:53Z
pjephl:ART
A Remedy in Sight: International Clinical Research Regulation in the Wake of Guatemala and Nigeria
Postal, Steven W.
Diaz, Robyn Whipple
None
University Library System, University of Pittsburgh
2011-01-01
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/54
10.5195/pjephl.2011.54
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2011): Volume 6, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/54/42
oai:ojs.pjephl.law.library.pitt.edu:article/55
2021-11-03T16:40:45Z
pjephl:ART
Striving for Greenhouse Gas Mitigation and Energy Independence in Pennsylvania
Johnson, Jon
None
University Library System, University of Pittsburgh
2011-01-01
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/55
10.5195/pjephl.2011.55
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2011): Volume 6, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/55/43
oai:ojs.pjephl.law.library.pitt.edu:article/56
2021-11-03T16:40:38Z
pjephl:NOT
Smart Home Technology for the Elderly and the Need for Regulation
Cocco, Jessica
None
University Library System, University of Pittsburgh
2011-01-01
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/56
10.5195/pjephl.2011.56
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2011): Volume 6, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/56/44
oai:ojs.pjephl.law.library.pitt.edu:article/57
2021-11-03T16:40:31Z
pjephl:NOT
West Virginia's Alternative and Renewable Energy Portfolio Act: The "Mountain State's" Latest Attempt to Quit its Addiction to Coal
Paalborg, Alexander R.
This note's purpose is to objectively analyze West Virginia's recently enacted Alternative and Renewable Energy Portfolio Act ("AREPA") to determine whether it is the most ambitious alternative and renewable energy legislation that West Virginia can enact given its current political climate. Although coal may currently provide substantial economic benefits to West Virginia, future reliance on coal resources will be detrimental to the state's overall welfare due to dwindling coal reserves and coal's hazardous effects on the environment and public health. Because of coal's negative public health and environmental effects, coalmining states face tremendous federal, state, and local pressures to implement cleaner energy production methods. In 2009, West Virginia enacted AREPA to quell some of these mounting concerns. The legislation, however, has an unusually permissive definition of "alternative" energy sources and technologies and has no minimum requirement for renewable energy. In order to truly diversify from coal, the West Virginia Legislature should amend its "renewable energy resources" standard to require that at least twenty percent of its energy portfolio come from actual renewable energy sources by 2025. The legislature must also amend AREPA to exclude many of the most heavily polluting "alternative" energy sources instead of ensuring their continued existence and harm to the state. Because of West Virginia's dwindling coal reserves, the state's wealth of renewable energy resources, and a growing anti-coal movement, the Mountain State should diversify fromcoal-based energy resources and establish an appropriate alternative energy portfolio standard that is more heavily geared towards truly promoting renewable energy.
University Library System, University of Pittsburgh
2011-01-01
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/57
10.5195/pjephl.2011.57
Pittsburgh Journal of Environmental and Public Health Law; Vol. 6 (2011): Volume 6, Issue 1: Winter 2011
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/57/45
oai:ojs.pjephl.law.library.pitt.edu:article/59
2021-11-03T16:37:22Z
pjephl:FM
Vol. 7 Issue 2
Editors, PJEPHL
Front Matter
University Library System, University of Pittsburgh
2013-06-06
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/59
10.5195/pjephl.2013.59
Pittsburgh Journal of Environmental and Public Health Law; Vol. 7 (2013): Volume 7, Issue 2: Spring 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/59/51
oai:ojs.pjephl.law.library.pitt.edu:article/62
2021-11-03T16:43:44Z
pjephl:ART
Does Unconventional Gas Require Unconventional Ownership? An Analysis of the Functionality of Ownership Frameworks for Unconventional Gas Development
Hepburn, Samantha
The implementation of a responsive and coherent property framework, capable of effectively supporting the progression of a rapidly expanding unconventional gas industry is proving to be a complex and intricate process for many countries. The theory of mineral ownership that underpins any regulatory framework represents its point of departure. It is increasingly clear that the problems associated with the expansion of unconventional gas development have challenged both private and state based models. This article examines how the core principles that form the foundation for land and mineral ownership in both the United States and Australia have responded to the rapid expansion of the unconventional gas industry. The conventional inertia associated with institutionalized property frameworks has meant that the frameworks are largely resistant to external change. Hence, whilst the transformation that has occurred in the energy industries following the advent of unconventional gas development has been remarkable, ownership frameworks have struggled to cope. Many principles that evolved in a period when unconventional gas was inconceivable are now proving ill-equipped and non-responsive to the new energy environment. This Article argues that the stasis that afflicts ownership frameworks has precluded many of the conventional principles from adapting to meet the needs of this new energy revolution. This has generated an increasing imperative, in both the United States and Australia, to develop and implement legislative initiatives that revise or alter the way in which the schema of orthodox ownership principles applies to unconventional gas. Focused legislative development will promote adaptable, consistent, and structured principles, which in turn will allow ownership frameworks to respond to the operational demands of a new energy era.
University Library System, University of Pittsburgh
2014-02-19
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/62
10.5195/pjephl.2014.62
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 1: Winter 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/62/54
oai:ojs.pjephl.law.library.pitt.edu:article/63
2021-11-03T16:43:37Z
pjephl:FM
Vol. 8 Issue 1
Editors, PJEPHL
No Abstract
University Library System, University of Pittsburgh
2014-02-19
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/63
10.5195/pjephl.2014.63
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 1: Winter 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/63/55
oai:ojs.pjephl.law.library.pitt.edu:article/64
2021-11-03T16:43:29Z
pjephl:NOT
Collaborative Law in Pennsylvania and the Frozen Embryo Debate
Preville, Christina L.
No Abstract
University Library System, University of Pittsburgh
2014-02-19
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/64
10.5195/pjephl.2014.64
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 1: Winter 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/64/53
oai:ojs.pjephl.law.library.pitt.edu:article/65
2021-11-03T16:43:21Z
pjephl:NOT
The World’s Laws in American Justice: The Foreign Law Provisions of the 2008 Lacey Act Amendments
Krost, Trevor
No Abstract
University Library System, University of Pittsburgh
2014-02-19
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/65
10.5195/pjephl.2014.65
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 1: Winter 2013
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/65/56
oai:ojs.pjephl.law.library.pitt.edu:article/69
2021-11-03T16:37:14Z
pjephl:FM
Front Matter
Sypolt, Daniel
N/A
University Library System, University of Pittsburgh
2014-08-08
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/69
10.5195/pjephl.2014.69
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 2: Spring 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/69/57
oai:ojs.pjephl.law.library.pitt.edu:article/70
2021-11-03T16:37:05Z
pjephl:ART
On a Common Road Towards Sustainable Biofuels? EU and U.S. Approaches to Regulating Biofuels
Jansson, Max S.
Kalimo, Harri
N/A
University Library System, University of Pittsburgh
2014-08-08
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/70
10.5195/pjephl.2014.70
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 2: Spring 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/70/58
oai:ojs.pjephl.law.library.pitt.edu:article/71
2021-11-03T16:36:56Z
pjephl:ART
Regulators Throughout American History Have Been Reluctant To Regulate Cigars And The FDA Still Is Today, But Why?
Warren, Kenneth F
In this article I explore the history of cigar regulation, going back to colonial times, yet focusing on the current regulatory climate. I review the different regulations imposed on tobacco products throughout American history, concluding that government regulators were never particularly serious about regulating tobacco products until the release of the 1964 Surgeon General’s Report on Smoking and Health. However, I point out that this Report was so obsessed with the health hazards of cigarettes that it actually had the unintended consequence of promoting In the long run the increased consumption of cigars. Today, health organizations show intense frustration with the FDA’s current refusal to regulate cigars, even though the 2009 Family Smoking Prevention and Tobacco Control Act gave the FDA regulatory jurisdiction over cigars. But applying a totality of circumstances test, looking at the politics, economics, and even the lack of enough credible health studies on cigars, I conclude, somewhat surprisingly, that there are very good reasons why the FDA should probably not at this time jump into the regulatory arena and impose the same sort of tough regulations on cigars as imposed on cigarettes.
University Library System, University of Pittsburgh
2014-08-08
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/71
10.5195/pjephl.2014.71
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 2: Spring 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/71/59
oai:ojs.pjephl.law.library.pitt.edu:article/72
2021-11-03T16:36:48Z
pjephl:ART
Kivalina at the Supreme Court: A Lost Opportunity for Federal Common Law
Manus, Peter
This article discusses the status of federal common law in the wake of the Supreme Court's May, 2013 denial of petitioners' writ of certiorari in Native Village of Kivalina v. Exxonmobil. A close reading of Supreme Court and recent appellate decisions on federal common law as applied to transboundary pollution reveals three views on the availability and function of federal common law where a federal statute addresses a category of environmental harms: presumptive displacement of federal common law when a federal statute creates a regulatory approach, presumptive coexistence of federal statutory and common law where a federal statute does not provide relief for injuries alleged under common law, and case-by-case balancing of the interfering effect of federal common law against the injuries left unaddressed by federal statutory law. The Court’s current approach resides somewhere between presumptive displacement and case-by-case balancing, and although the Court offers various rationales for this approach in its latest federal common law opinion, the most convincing of these is that cases involving transboundary pollution, particularly those alleging global warming-induced injury, are cumbersome for federal courts to handle as common law matters. Allocation of judicial resources is within the Supreme Court's discretion to consider in rejecting a case, but it is a far more pragmatic than principled rationale, and thus less than satisfying as a court’s primary reason for denying relief. A more principled approach, advocated by Justices Stevens and Blackmun in dissents to two key federal common law cases, is that the displacement analysis should begin with the premise that the judicial system aims, first and foremost, to compensate the injured, and that a federal common law claim should be displaced only where the legislative-regulatory regime covering the subject of a common law claim directly addresses the injury alleged under common law.
University Library System, University of Pittsburgh
2014-08-08
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/72
10.5195/pjephl.2014.72
Pittsburgh Journal of Environmental and Public Health Law; Vol. 8 (2014): Volume 8, Issue 2: Spring 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/72/60
oai:ojs.pjephl.law.library.pitt.edu:article/75
2021-11-03T16:36:40Z
pjephl:FM
Front Matter
Fellmeth, Scott
The Pittsburgh Journal of Environmental and Public Health Law (PJEPHL) is published annually by the University Library System, University of Pittsburgh under the editorial control of students of the University of Pittsburgh School of Law, 3900 Forbes Avenue, Pittsburgh, PA 15260. PJEPHL can be contacted by email at pjephl@pitt.edu. PJEPHL is freely available to readers worldwide at http://pjephl.law.pitt.edu. PJEPHL is printed by Western Newspaper Publishing Co., Inc., Indianapolis, Indiana. Copyright for each work contained in this issue is retained by the author and under a Creative Commons Attribution- Noncommercial-No Derivative Works 3.0 United States License.
University Library System, University of Pittsburgh
2015-03-24
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/75
10.5195/pjephl.2014.75
Pittsburgh Journal of Environmental and Public Health Law; Vol. 9 (2014): Volume 9, Issue 1: Winter 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/75/66
Copyright (c) 2015 Pittsburgh Journal of Environmental and Public Health Law
oai:ojs.pjephl.law.library.pitt.edu:article/76
2021-11-03T16:36:32Z
pjephl:ART
Mastering the Chargemaster: Minimizing Price-Gouging and Exposing the Structural Flaws in the Healthcare "Market"
McLean, John T.
Datar, Vinay
In his seminal article, Bitter Pill: Why Medical Bills Are Killing Us,1 Steven Brill recounts stories of Americans of modest to comfortable means, whose lives were turned upside-down, not just by tragic illness; but, by the cost of the cure.
University Library System, University of Pittsburgh
2015-03-24
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/76
10.5195/pjephl.2014.76
Pittsburgh Journal of Environmental and Public Health Law; Vol. 9 (2014): Volume 9, Issue 1: Winter 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/76/65
Copyright (c) 2015 Pittsburgh Journal of Environmental and Public Health Law
oai:ojs.pjephl.law.library.pitt.edu:article/77
2021-11-03T16:36:24Z
pjephl:ART
Cloud Computing and the NSA: The Carbon Footprint of the Secret Servers
Story, Jasmine N.
Edward Snowden took the world by storm when he exposed the data collection practices of the National Security Agency, known to many as the NSA. Much ink has been spilled on the constitutionality of such practices and the scope of its surveillance yet the cloud computing that facilitates such surveillance often goes unmentioned, if not unnoticed.
University Library System, University of Pittsburgh
2015-03-24
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/77
10.5195/pjephl.2014.77
Pittsburgh Journal of Environmental and Public Health Law; Vol. 9 (2014): Volume 9, Issue 1: Winter 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/77/67
Copyright (c) 2015 Pittsburgh Journal of Environmental and Public Health Law
oai:ojs.pjephl.law.library.pitt.edu:article/78
2021-11-03T16:36:16Z
pjephl:NOT
Statutory Requirements for Artificial Insemination: A Sperm Donor's Fight to Let Go of His Rights
Forman, Benjamin T.
In 2009, an auto-mechanic from Topeka, Kansas by the name of William Marotta answered a Craigslist ad posted by Angela Bauer and Jennifer Schreiner, a lesbian couple seeking a private sperm donor for artificial insemination.
University Library System, University of Pittsburgh
2015-03-24
info:eu-repo/semantics/article
info:eu-repo/semantics/publishedVersion
application/pdf
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/78
10.5195/pjephl.2014.78
Pittsburgh Journal of Environmental and Public Health Law; Vol. 9 (2014): Volume 9, Issue 1: Winter 2014
2164-7976
eng
http://pjephl.law.pitt.edu/ojs/pjephl/article/view/78/68
Copyright (c) 2015 Pittsburgh Journal of Environmental and Public Health Law