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Legal Liminalities: Conflicting Jurisdictional Claims in the Transition from British Mandate Palestine to the State of Israel
No full textThis article examines the termination of the British Mandate for Palestine, the 1948 War, and the establishment of the State of Israel by probing the paradoxical ways in which the Israeli state self-consciously identified with and against its Mandate predecessor during this period of “betwixt and between.” By asserting that the Mandate administration’s jurisdiction existed wholesale until 15 May 1948 and that complete Israeli jurisdiction followed immediately thereafter, Israeli actors predicated their own jurisdictional claims—not the least, over highly contentious areas such as Western Jerusalem—on those of their predecessors. At the same time, however, Israeli actors contested their predecessor’s decisions made prior to 15 May. Israel thereby positioned itself as both an heir to and rebel against British Mandatory administration jurisprudence. Indeed, by specifically staking its claim on being a “completely different political creature” from its British predecessor, Israel retained its British colonial legal structures as the “ultimate standards of reference.
A one health framework to estimate the cost of antimicrobial resistance
Get PDFObjectives/purpose
The costs attributable to antimicrobial resistance (AMR) remain theoretical and largely unspecified. Current figures fail to capture the full health and economic burden caused by AMR across human, animal, and environmental health; historically many studies have considered only direct costs associated with human infection from a hospital perspective, primarily from high-income countries. The Global Antimicrobial Resistance Platform for ONE-Burden Estimates (GAP-ON€) network has developed a framework to help guide AMR costing exercises in any part of the world as a first step towards more comprehensive analyses for comparing AMR interventions at the local level as well as more harmonized analyses for quantifying the full economic burden attributable to AMR at the global level. Methods
GAP-ON€ (funded under the JPIAMR 8th call (Virtual Research Institute) is composed of 19 international networks and institutions active in the field of AMR. For this project, the Network operated by means of Delphi rounds, teleconferences and face-to-face meetings. The resulting costing framework takes a bottom-up approach to incorporate all relevant costs imposed by an AMR bacterial microbe in a patient, in an animal, or in the environment up through to the societal level. Results
The framework itemizes the epidemiological data as well as the direct and indirect cost components needed to build a realistic cost picture for AMR. While the framework lists a large number of relevant pathogens for which this framework could be used to explore the costs, the framework is sufficiently generic to facilitate the costing of other resistant pathogens, including those of other aetiologies. Conclusion
In order to conduct cost-effectiveness analyses to choose amongst different AMR-related interventions at local level, the costing of AMR should be done according to local epidemiological priorities and local health service norms. Yet the use of a common framework across settings allows for the results of such studies to contribute to cumulative estimates that can serve as the basis of broader policy decisions at the international level such as how to steer R&D funding and how to prioritize AMR amongst other issues. Indeed, it is only by building a realistic cost picture that we can make informed decisions on how best to tackle major health threats
Pedagogy and Policy: A Tribute to Karen Rothenberg’s Contributions to Health Law
Get PDFProfessor Karen Rothenberg has had a significant influence on my life, impacting my education, my career, and the way I think. Professor Rothenberg has been a pillar in the health law community, but perhaps her most lasting impact for myself was creating the health law program at the University of Maryland, Francis King Carey School of Law. This nationally recognized program grew from her passion, expertise, and recognition of the importance of health, and is the reason I chose to attend the University of Maryland. The curriculum, faculty, and experience made it one of the best decisions of my life and has continued to influence me to this day. For Professor Rothenberg’s role creating the program, helping it to evolve and grow, and continuing to prioritize it as Dean, I will be forever grateful. Yet, her contributions to my life and career did not end there
Evaluating for-profit public benefit corporations as an additional structure for antibiotic development and commercialization
Get PDFWhile antibiotics are a key infrastructure underpinning modern medicine, evolution will continue to undermine their effectiveness, requiring continuous investment to sustain antibiotic effectiveness. The antibiotic R&D ecosystem is in peril, moving towards collapse. Key stakeholders have identified pull incentives such as Market Entry Rewards or subscription models as the key long-term solution. If substantial Market Entry Rewards or other pull incentives become possible, there is every reason to expect that for-profit companies will return to the antibiotic field. However, the political and financial will to develop such Market Entry Rewards or other similar incentives may be difficult to muster in the timeframes needed to prevent further diminishment of antibiotic research and development, especially if large drug companies are seen as substantial beneficiaries of these taxpayer-funded pull incentives. Bridging solutions are required from private actors in the interim. This article explores potential solutions led by private actors, including (1) traditional for-profit companies; (2) non-profit enterprises; and (3) public benefit corporations with lower profit expectations, akin to a public utility. All face similar commercial struggles, but nonprofits and public benefit corporations can accept lower profit expectations and might be more politically attractive recipients of pull incentives
The Lancet Infectious Diseases Commission on antimicrobial resistance: 6 years later
No full textIn 2013, a Lancet Infectious Diseases Commission described the state of antimicrobial resistance worldwide. Since then, greater awareness of the public health ramifications of antimicrobial resistance has led to national actions and global initiatives, including a resolution at the high-level meeting of the UN General Assembly in 2016. Progress in addressing this issue has ranged from a ban on irrational drug combinations in India to commitments to ban colistin as a growth promoter in animals, improve hospital infection control, and implement better antimicrobial stewardship. Funds have been mobilised, and regulatory barriers to new antibiotic development have been relaxed. These efforts have been episodic and uneven across countries, however. Sustained funding for antimicrobial resistance and globally harmonised targets to monitor progress are still urgently needed. Except for in a few leading countries, antimicrobial resistance has not captured the sustained focus of national leaders and country-level actors, including care providers
Information Technology and Firm Employment
Get PDFDo firms displace labor with new information technologies such as “artificial intelligence”? It is challenging to distinguish the effects of technology adoption from unobserved productivity and demand shocks. We take a first look at the economic impacts of large custom software investment —“IT spikes”—using a novel methodology to obtain consistent estimates. Following these events, firm employment increases by about 7% and revenues by about 11%. Rather than displace labor, IT spikes increase revenues and markups, implying decreased labor share of output. Moreover, growth is greater for firms that use AI, IT-producing firms, newer firms, and those in the trade, service, and financial sectors
The U.S. Constitution: Creation, Reconstructions, the Progressives, and the Modern Era
No full textThe U.S. Constitution: Creation, Reconstruction, the Progressives, and the Modern Era (1st ed. 2020), is the most complete, historically grounded, and originalist and textualist casebook account of the original Constitution, Reconstruction Amendments, and modern constitutional developments. The book contains unique background on the drafting and ratification of the Constitution that puts all subsequent doctrinal developments into context. It follows the text of the Constitution, starting with the Preamble and ending with the Twenty-Seventh Amendment, containing material on literally every clause in between – which, astonishingly, is done by no other casebook. It provides the historical evolution of important areas of doctrine without sacrificing coverage of modern law. And, given the Supreme Court’s recent and likely continuing turn towards originalism, the book contains extensive treatment of original meaning by two of the academy’s leading originalist theorists, while also providing ample material on the many other modalities of interpretation that drive constitutional doctrine. Furthermore, this casebook delves deeply into the separation of powers, federalism, and Reconstruction, with an historical and theoretical focus that no other book can match.The casebook is co-written by two former Scalia clerks, Steven Gow Calabresi and Gary Lawson. Both authors are highly accomplished scholars who have published numerous university press books, law review articles and casebooks. They know how a casebook differs from a university press book or a law review article, and this makes their casebook very user-friendly. This new edition also takes account of the two newest appointees to the Supreme Court, Justices Gorsuch and Kavanaugh, and is thus up to date on Supreme Court case law as it stood when the Supreme Court adjourned in the summer of 2019.https://scholarship.law.bu.edu/books/1219/thumbnail.jp
Federalism under the ACA: Implementation, Opposition, Entrenchment
No full textWhether to include the states as key implementers of the new national health care law was a fight from the beginning. In the end, the states were given a major role in ACA implementation--a role that generated not only resistance and policy inequality across states, as critics feared, but also some surprising collaboration and even resilience for the ACA\u27s reforms. The law creates complex and shifting boundaries between state and federal control over health care policy and, in turn, reveals both the benefits and the drawbacks of health care federalism
Inequality During a Pandemic, Part II: Rationing Life-Saving Gear and Care
No full textThe shortage of ventilators and personal protective equipment (PPE) in parts of the country has raised the most acute equality concerns regarding the treatment of people who are gravely ill. Some jurisdictions have more protective and life-saving equipment on hand than others do, but this pre-crisis distribution is a product of many factors beyond existing need, and more likely to be correlated with differences in population size, wealth, and expectations based on past health care needs rather than those called for by COVID-19. Many pre-crisis projections will inevitably be wrong given the volatile variables that determine the size and severity of an outbreak, such as intensity of travel and the degree of compliance with mitigation measures. There will be places where there are more than enough supplies and others, like New Jersey and Louisiana, that will be in desperate straits
If the Republican Party is the party of Trump, what does it stand for?
No full textPresident Trump’s refusal to commit to accepting November’s election results is the latest example of this president abandoning the norms of constitutional democracy. And although high-profile Republicans have issued statements affirming that they support a peaceful transfer of power, they have also been carefully deferential to Trump.
This is a notable continuation of the party slowly becoming the party of Trump. Nowhere was this clearer than in the decision not to have a 2020 party platform and instead simply affirming “enthusiastic support” for Trump and his “America First agenda.” That move, more so than statements pledging fealty to the peaceful transfer of power, signals wavering Republican commitment toward equal rights and democracy