No more kidding around: restructuring non-medical childhood immunization exemptions to ensure public health protection

Professor Silverman's article examines the complex challenges faced by U.S. policymakers attempting to balance the public health protections of mandatory childhood immunization programs with the legal, religious, philosophical, and practical concerns raised by permitting non-medical exemptions under the programs. The article begins with a discussion of the history of childhood immunization programs, and continues by describing the inconsistency of enforcement of state immunization laws and exemptions. The author analyzes recent cases from New York, Wyoming, and Arkansas, and discusses how these decisions both pose threats to these programs' public health protections, while also offering insight into potential problems for other state vaccination programs. Professor Silverman concludes by advocating that states adopt an "informed refusal" approach to vaccination exemption as a way of improving immunity protections, while respecting the autonomy rights of those who wish to opt out of the program.     

Finding the proper balance between freedom and justice: why we should not eliminate personal belief exemptions to vaccine mandates

Lantos and colleagues (this issue) propose to eliminate personal belief exemptions from school vaccine mandates, particularly for those vaccines that target deadly contagious childhood disease. They argue that not doing so would be unjust. In this counterpoint, we argue that, for reasons grounded in both health policy and morality, a just vaccine policy need not prohibit parents from claiming personal belief exemptions.     

TRIPS下药品专利权与公共健康权的冲突和平衡

随着发达国家拥有的药品专利越来越集中,发展中国家因为得不到有效的药品而所遭受的危及公共健康权的疾病越来越多的情况下,TRIPS中的药品专利保护和公共健康权冲突加剧。本文以利益平衡为方法,论述了TRIPS利益保护的失衡以及如何采取措施使其平衡,从而达到有效保护公共健康权的目的。     

Concussions and youth football: using a public health law framework to head off a potential public health crisis

Concussion from sport is increasingly recognized as a public health priority. In response, all states and the District of Columbia have enacted youth concussion legislation. This paper first examines key developments in concussion-related policy and legislation and then uses the findings from recent scientific studies to highlight the need to incorporate evolving scientific evidence into concussion legislation in order to better protect youth and adolescent athletes. Next, the paper discusses the framework of empirical health law research and why it should be applied in the case of concussion legislation. Finally, this paper argues that empirical health law research should be considered in any decision about whether legislation can help improve the health and safety of young players, a particularly vulnerable population whose unique needs have not yet been adequately addressed.     

The media coverage of court proceedings in Europe: Striking a balance between freedom of expression and fair process

Press curiosity to report on legal proceedings has been a salacious feature in history of mass media. Pre-trial comment, media coverage of press proceedings and the protection of privacy of the defendant are some of the main legal issues which are raised by the ambiguous relation of media to court proceedings. The Internet revolution and the emergence of the blogosphere have added a new dimension to the analysis of these legal issues. A balance between freedom of expression and the guarantee of a fair unprejudiced process has to be achieved in the context of application of legal mechanisms of protection of the justice’s authority, such as contempt of court. As regards the question of media coverage of the court proceedings, the decision of the UK Supreme Court on May 2011 to permit television coverage of its hearings demonstrates an important shift as regards how publicity is perceived by the administration of justice in the UK, while there is a certain disparity between national legislators in the way they deal with this issue at a European level. The legal question of the protection of the defendant through the effective guarantee of the presumption of innocence and, consequently, that of a fair trial is often combined with the debate about the right of the defendant’s privacy not only when there is a pressing social need for information to the public before or during the court trial but also many years after the end of the legal proceedings.     

State employment protection statutes for victims of domestic violence: public policy's response to domestic violence as an employment matter

Evidence indicates that domestic violence has negative consequences on victims' employment; yet employers lag in recognizing this as a workplace issue. To address the problem, some states have established several policy solutions. To understand the scope of the public sector's response to domestic violence as a workplace issue, a content analysis of state-level employment protection policies for domestic violence victims (N = 369) was conducted. Results indicate three broad policy categories: (a) policies that offer work leave for victims; (b) policies that aim to reduce employment discrimination of domestic violence victims; and (c) policies that aim to increase awareness and safety in the workplace. Subcategories emerged within each of these three categories. Implementation of employment protection policies varies significantly across states. Implications for workplaces, practitioners, and policy leaders are discussed.     

Why public opinion changes: the implications for health and health policy

Research on stasis or change in public opinion toward health, health policy, and medical care tends to focus on short-term dynamics and to emphasize the impact of discrete messages communicated by individual speakers in particular situations. This focus on what we term "situational framing," though valuable in some respects, is poorly equipped to assess changes that may occur over the longer term. We focus, instead, on "structural framing" to understand how institutionalized public health and health care policies impact public opinion and behavior over time. Understanding the dynamics of public opinion over time is especially helpful in tracking the political effects of the Patient Protection and Affordable Care Act of 2010 as it moves from the debate over its passage to its implementation and operation.     

Religious difference,nationhood and citizenship in Turkey: public reactions to an interreligious marriage in 1962

ABSTRACT

This article explores the relationship between religious difference, nationhood and secular citizenship in Turkey. Turkey is the only country in the Middle East which applies a non-religious and unified law to matters related to the family. The legislation of a secular civil law in 1926 has made interreligious marriages legally possible, removing institutional barriers to religious mixing in the private and intimate sphere of family. At the same time, religious difference remained central to the definition of who is included in, and excluded from, the nation. Against the backdrop of these seemingly competing understandings of religious difference, this article explores the arguments that ordinary citizens made in favor of or opposed to the second marriage in 1962 of Ülkü Adatape, the spiritual daughter of Atatürk, to Yeshua Bensusen, a Jewish citizen of Turkey. Drawing on the notes and proceedings of the Lausanne Peace Conference in 1922/23, parliamentary depositories and newspaper reviews, it demonstrates that a paradox stemming from an ethnoreligious formation of Turkish nationhood, which has denied non-Muslim citizens recognition as full members of the nation, and the secular understanding of the private realm, which has in principle made religious difference inconsequential to the governance of family, simultaneously produced resistance to and justification for interreligious marriages. If the first decades of the republic laid the foundations of this paradox, the period between the transition into electoral democracy in 1946 and the military coup in 1960 intensified it making the link between ethnicity and religion stronger.