Evaluating the Human Rights Performance of Legislatures

Despite increased recognition of the role of legislatures inprotecting human rights, particularly through their scrutinyof proposed legislation, there has been little detailed considerationof how best to evaluate their performance in discharging thisrole. This article aims to fill this significant gap by outliningand defending a methodology for carrying out such an evaluation.Our objective is to provide a rich and valid account of theperformance of legislatures by identifying strengths and weaknessesof existing legislative institutions and processes. Such a processcan also inform recommendations as to how institutions and processes,in particular legislatures, might be improved.     

Ensuring the safe and effective FDA regulation of fecal microbiota transplantation

Scientists, policymakers, and medical professionals alike have become increasingly worried about the rise of antibiotic resistance, and the growing number of infections due to bacteria like Clostridium difficile, which cause a significant number of deaths and are imposing increasing costs on our health care system. However, in the last few years, fecal microbiota transplantation (FMT), the transplantation of stool from a healthy donor into the bowel of a patient, has emerged as a startlingly effective means to treat recurrent C. difficile infections. At present, the FDA is proposing to regulate FMT as a biologic drug. However, this proposed classification is both underregulatory and overregulatory. The FDA''s primary goal is to ensure that patients have access to safe, effective treatments—and as such they should regulate some aspects of FMT more stringently than they propose to, and others less so. This essay will examine the nature of the regulatory challenges the FDA will face in deciding to regulate FMT as a biologic drug, and will then evaluate available policy alternatives for the FDA to pursue, ultimately concluding that the FDA ought to consider adopting a hybrid regulatory model as it has done in the case of cord blood.     

Logic,licensing and public relations

This article focuses on the need to move past First Amendment concerns to foster a meaningful debate about the licensing of public relations practitioners. Whether, and to what extent, public relations should be licensed is not the subject of this discussion. Instead, this article uses Aristotelian logic to dispute the spurious conclusion that any licensing scheme for public relations work and / or the individuals who perform it is unconstitutional on its face. Relying on First Amendment jurisprudence, the article demonstrates that some restraints on speech in the form of licensing are allowed, that not all public relations work involves protected speech or press, that there is a similarity to the constitutionally permitted licensing of certain speech‐related professions and that a hypothetical case can be constructed regarding those who could qualify as licensed public relations counsel. The article concludes that the First Amendment does not necessarily prevent licensing certain public relations practitioners.     

Choosing Among Parallel Health Care Systems in a Bariba Community

This article assesses the significance of Canada's role in the Opération des Nations Unies au Congo (ONUC) and, more generally, Canada's foreign policy during the early months of the Congo crisis. It argues that Prime Minister John Diefenbaker's government pursued a policy that recognized the importance of achieving Western objectives in the Congo but at the same time eschewed the strident Cold War views of some North Atlantic Treaty Organization (NATO) allies. The Canadian government was forced to weigh the importance of sometimes-conflicting foreign policy considerations when developing policy during the Congo crisis, and this ultimately lead to an unwillingness to be seen to be pursuing a concerted NATO approach to the Congo's tribulations. This would suggest recent interpretations that portray Canadian participation in ONUC as an example of how Canada's peacekeeping policy primarily served Western, Cold War objectives might not be entirely correct.