Abstract As many of you may remember from your first-year Tort and Constitutional Law courses, courts recognize the right of competent adults to refuse medical treatment, even if necessary to save their lives; this generally includes the right to refuse immunizations from diseases, particularly if the vaccine has not yet been approved by the Food & Drug Administration. As you also undoubtedly know, servicemembers are different. To maintain the strength and readiness of the armed forces, military personnel must undergo necessary medical treatment. Otherwise, if they become casualties to disease or other treatable disabilities, servicemembers become burdens on their units, and their jobs must be assumed by others—often leaving their units short-handed. Their illnesses or disabilities thus affect the ability of their units to accomplish their missions and may jeopardize the safety and lives of their fellow servicemembers. Indeed, until World War II, the majority of combat deaths in military units engaged in combat were due to infectious diseases rather than direct combat injuries.
{"title":"Vaccines and the Armed Forces: There “AIN’T” NO “Anti-vaxxers” in the Military","authors":"R. Rosen","doi":"10.1515/jbbbl-2020-0002","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0002","url":null,"abstract":"Abstract As many of you may remember from your first-year Tort and Constitutional Law courses, courts recognize the right of competent adults to refuse medical treatment, even if necessary to save their lives; this generally includes the right to refuse immunizations from diseases, particularly if the vaccine has not yet been approved by the Food & Drug Administration. As you also undoubtedly know, servicemembers are different. To maintain the strength and readiness of the armed forces, military personnel must undergo necessary medical treatment. Otherwise, if they become casualties to disease or other treatable disabilities, servicemembers become burdens on their units, and their jobs must be assumed by others—often leaving their units short-handed. Their illnesses or disabilities thus affect the ability of their units to accomplish their missions and may jeopardize the safety and lives of their fellow servicemembers. Indeed, until World War II, the majority of combat deaths in military units engaged in combat were due to infectious diseases rather than direct combat injuries.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126403151","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract North Korea poses significant risks to national security as it continues to develop weapons of mass destruction (WMDs). On February 28, 2019, United States President Donald Trump announced that he would be departing his second summit with Kim Jong Un without having reached a deal regarding the denuclearization of North Korea. This anticlimactic outcome followed weeks of media buildup surrounding the two leaders’ meeting in Hanoi, Vietnam; however, negotiators from both countries have pledged to continue their efforts at crafting a deal. As they continue this endeavor, those with a seat at the negotiating table must recognize that the most prudent path forward for the United States is to ensure that any such disarmament deal also address North Korea’s capacity to develop of biological weapons (BWs) in addition to nuclear and chemical capabilities as part of a comprehensive strategy.
{"title":"Let’s Make a (Smart) Deal: Biodiplomacy in the Age of Trump","authors":"Noah Blaine Hearn","doi":"10.1515/jbbbl-2020-0009","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0009","url":null,"abstract":"Abstract North Korea poses significant risks to national security as it continues to develop weapons of mass destruction (WMDs). On February 28, 2019, United States President Donald Trump announced that he would be departing his second summit with Kim Jong Un without having reached a deal regarding the denuclearization of North Korea. This anticlimactic outcome followed weeks of media buildup surrounding the two leaders’ meeting in Hanoi, Vietnam; however, negotiators from both countries have pledged to continue their efforts at crafting a deal. As they continue this endeavor, those with a seat at the negotiating table must recognize that the most prudent path forward for the United States is to ensure that any such disarmament deal also address North Korea’s capacity to develop of biological weapons (BWs) in addition to nuclear and chemical capabilities as part of a comprehensive strategy.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114890116","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract A twenty-something college student with an interest in science sits in his garage. He is tinkering with genetic materials and gene editing. He has ordered materials over the internet, has all the items he could want, and even has his own test subject—himself. He could inject himself with whatever products his experimentation manufactures. Our hypothetical college student has all the materials in his hands to make the next greatest discovery in the fight against cancer, or to create—intentionally or by accident—a genetically modified disease that could be incredibly lethal to the entire globe. This twenty-something college student is one of many emerging do-it-yourself scientists (“DIYers”). The reality of do-it-yourself (“DIY”) science is here, and it might be severely under regulated. This type of research could pose significant risks to all of humanity if an appropriate regulatory scheme is not developed. Conversely, too much regulation could prevent innovation.
{"title":"DIY Science: A Cure for Cancer of the Next Plague","authors":"Ashley R. Vaughn","doi":"10.1515/jbbbl-2020-0004","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0004","url":null,"abstract":"Abstract A twenty-something college student with an interest in science sits in his garage. He is tinkering with genetic materials and gene editing. He has ordered materials over the internet, has all the items he could want, and even has his own test subject—himself. He could inject himself with whatever products his experimentation manufactures. Our hypothetical college student has all the materials in his hands to make the next greatest discovery in the fight against cancer, or to create—intentionally or by accident—a genetically modified disease that could be incredibly lethal to the entire globe. This twenty-something college student is one of many emerging do-it-yourself scientists (“DIYers”). The reality of do-it-yourself (“DIY”) science is here, and it might be severely under regulated. This type of research could pose significant risks to all of humanity if an appropriate regulatory scheme is not developed. Conversely, too much regulation could prevent innovation.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124886563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We are proud to publish Volume XI of the Journal of Biosecurity, Biosafety, and Biodefense Law. The volume, similar to all past volumes, highlights important current issues and takes a deeper look into the fields of biosecurity, biosafety, and biodefense law. The articles selected for publication in Volume XI cover numerous up-to-date topics. These topics include: vaccination requirements for members of the armed forces, methods to counter bioterrorism, laws surrounding DIY science, vaccination exemptions and constitutionality of removing them, biosecurity as it relates to food safety, biosurveillance systems in the United States, the 2014 Global Health Security Agenda, and biodiplomacy. The featured article of Volume XI is derived from a keynote address from the Global Biodefense Symposium on April 11, 2019. Richard Rosen, Glenn D. West Professor of Law and Director of the Center of Military Law & Policy, addresses the biological treats members of the armed forces face and how our government protects them in his article titled, Vaccines and the Armed Forces: There “Ain’t” No “Anti-vaxxers” in the Military. Following our featured article, Tarun Krishnakumar, in Mandatory Incident Reporting as a means to counter C/B Terrorism: Moving from Accident-based to Incident-based Systems, analyzesmandatory incident and near-miss reporting as a means to combat bioterrorism. Ashley Vaughan then discusses the laws and regulations that apply to DIY scientists and the gaps that may be present in these laws and regulations in her article, DIY Science A Cure for Cancer or the Next Plague? And, in The Constitutionality of Mandatory Vaccinations: Eliminating Exemptions, Conner Lee analyzes the constitutionality of changing the laws surrounding vaccination exemptions. In The Food Safety Fence: Gaps and Consequences, author Patrick Rippy analyzes food-borne outbreaks in the United States and the biosecurity mechanisms related to these outbreaks. James Lee Brooks provides insight into the field of biosurveillance by examining its strengths and weaknesses in his article titled, Biosurveillance: A Modern Look.
{"title":"Introduction to Volume XI","authors":"V. Sutton","doi":"10.1515/jbbbl-2020-0001","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0001","url":null,"abstract":"We are proud to publish Volume XI of the Journal of Biosecurity, Biosafety, and Biodefense Law. The volume, similar to all past volumes, highlights important current issues and takes a deeper look into the fields of biosecurity, biosafety, and biodefense law. The articles selected for publication in Volume XI cover numerous up-to-date topics. These topics include: vaccination requirements for members of the armed forces, methods to counter bioterrorism, laws surrounding DIY science, vaccination exemptions and constitutionality of removing them, biosecurity as it relates to food safety, biosurveillance systems in the United States, the 2014 Global Health Security Agenda, and biodiplomacy. The featured article of Volume XI is derived from a keynote address from the Global Biodefense Symposium on April 11, 2019. Richard Rosen, Glenn D. West Professor of Law and Director of the Center of Military Law & Policy, addresses the biological treats members of the armed forces face and how our government protects them in his article titled, Vaccines and the Armed Forces: There “Ain’t” No “Anti-vaxxers” in the Military. Following our featured article, Tarun Krishnakumar, in Mandatory Incident Reporting as a means to counter C/B Terrorism: Moving from Accident-based to Incident-based Systems, analyzesmandatory incident and near-miss reporting as a means to combat bioterrorism. Ashley Vaughan then discusses the laws and regulations that apply to DIY scientists and the gaps that may be present in these laws and regulations in her article, DIY Science A Cure for Cancer or the Next Plague? And, in The Constitutionality of Mandatory Vaccinations: Eliminating Exemptions, Conner Lee analyzes the constitutionality of changing the laws surrounding vaccination exemptions. In The Food Safety Fence: Gaps and Consequences, author Patrick Rippy analyzes food-borne outbreaks in the United States and the biosecurity mechanisms related to these outbreaks. James Lee Brooks provides insight into the field of biosurveillance by examining its strengths and weaknesses in his article titled, Biosurveillance: A Modern Look.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127271923","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Life-threatening diseases have been the biggest fear of individuals dating back to the beginning of time. Taking the lives of millions, it was almost inevitable that one disease or another would completely knock out the human population. Fortunately, Edward Jenner developed the first successful vaccine in 1796 to combat a deadly smallpox outbreak. The creation of vaccinations is among the greatest achievements in the history of public health. Today, there are few measures that compare with the amount of lives saved due to vaccines. In fact, many life-threatening diseases in the United States have been reduced by more than 99%. In addition to saving the lives of children, there have been a drastic economic benefit as well that has resulted in our society saving almost $69 billion. The benefits of vaccinations have not gone unnoticed by legislatures. Today, all 50 states have enacted some form of compulsory vaccinations for children who plan on attending school in order to decrease the spread of diseases among our youth.
{"title":"The Constitutionality of Mandatory Vaccinations: Eliminating Exemptions","authors":"Conner Lee","doi":"10.1515/jbbbl-2020-0005","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0005","url":null,"abstract":"Abstract Life-threatening diseases have been the biggest fear of individuals dating back to the beginning of time. Taking the lives of millions, it was almost inevitable that one disease or another would completely knock out the human population. Fortunately, Edward Jenner developed the first successful vaccine in 1796 to combat a deadly smallpox outbreak. The creation of vaccinations is among the greatest achievements in the history of public health. Today, there are few measures that compare with the amount of lives saved due to vaccines. In fact, many life-threatening diseases in the United States have been reduced by more than 99%. In addition to saving the lives of children, there have been a drastic economic benefit as well that has resulted in our society saving almost $69 billion. The benefits of vaccinations have not gone unnoticed by legislatures. Today, all 50 states have enacted some form of compulsory vaccinations for children who plan on attending school in order to decrease the spread of diseases among our youth.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127046178","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In this world, there are many potential hazards that could lead to a nationwide biosecurity threat. On the one hand, there are the unintended perils that result from natural outbreaks, such as with domestic food contamination. On the other hand, there are the intentional actions that lead to incidents of agroterrorism, which can reap significant economic loss, widespread destruction of crops and livestock, as well as increased human illness and death. For these reasons, the United States government has implemented various mechanisms over time in order to combat the food-borne threats imposed by both intentional and unintentional biosecurity hazards. For the purpose of this paper, these mechanisms will be referred to as the “food safety fence.”
{"title":"The Food Safety Fence: Gaps and Consequences","authors":"Patrick Rippy","doi":"10.1515/jbbbl-2020-0006","DOIUrl":"https://doi.org/10.1515/jbbbl-2020-0006","url":null,"abstract":"Abstract In this world, there are many potential hazards that could lead to a nationwide biosecurity threat. On the one hand, there are the unintended perils that result from natural outbreaks, such as with domestic food contamination. On the other hand, there are the intentional actions that lead to incidents of agroterrorism, which can reap significant economic loss, widespread destruction of crops and livestock, as well as increased human illness and death. For these reasons, the United States government has implemented various mechanisms over time in order to combat the food-borne threats imposed by both intentional and unintentional biosecurity hazards. For the purpose of this paper, these mechanisms will be referred to as the “food safety fence.”","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128436332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract While states normally controlling public health emergencies, this article discusses the current Centers for Disease Control and Prevention regulations to determine whether the federal agency has the authority to stop ill U.S. citizens from traveling abroad in the event of a public health emergency. The article compares state, federal, and international laws. It also provides an in-depth history of federal quarantine and health recommendations and compares that prior history with the current COVID-19 pandemic.
{"title":"If U.S. Citizens Pose a Risk to International Health, Can the Federal Government Prevent Them from Traveling Abroad?","authors":"Melissa Clark","doi":"10.2139/ssrn.3596935","DOIUrl":"https://doi.org/10.2139/ssrn.3596935","url":null,"abstract":"Abstract While states normally controlling public health emergencies, this article discusses the current Centers for Disease Control and Prevention regulations to determine whether the federal agency has the authority to stop ill U.S. citizens from traveling abroad in the event of a public health emergency. The article compares state, federal, and international laws. It also provides an in-depth history of federal quarantine and health recommendations and compares that prior history with the current COVID-19 pandemic.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124840707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract A view of the exemptions to vaccinations, the exemptions that should be eliminated, and how vaccinations impact the United States, along with the government’s authority to mandate them.
摘要:对疫苗接种的豁免，应取消的豁免，以及疫苗接种如何影响美国，以及政府授权它们的权力。
{"title":"Do We Need Religious and Philosophical Exemptions to Vaccination?","authors":"Kyle Reding","doi":"10.1515/JBBBL-2019-0006","DOIUrl":"https://doi.org/10.1515/JBBBL-2019-0006","url":null,"abstract":"Abstract A view of the exemptions to vaccinations, the exemptions that should be eliminated, and how vaccinations impact the United States, along with the government’s authority to mandate them.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"164 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115304667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract An examination of the due process issues that arise from quarantine in the United States, taking a look specifically at tuberculosis quarantine.
摘要对美国检疫产生的正当程序问题的审查，特别关注结核病检疫。
{"title":"Where is the Line? an Examination of the History of Tuberculosis Quarantine and the Due Process Issues that Arise","authors":"Matthew Frost","doi":"10.1515/jbbbl-2019-0003","DOIUrl":"https://doi.org/10.1515/jbbbl-2019-0003","url":null,"abstract":"Abstract An examination of the due process issues that arise from quarantine in the United States, taking a look specifically at tuberculosis quarantine.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"16 9","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120816643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract An analysis of the Biological Weapons Convention and Resolution 1540 and how they can be used when dealing with non-state actors. The responsibilities of the Party States that have signed BWC and Resolution 1540 are also discussed.
{"title":"IS and Bioweapons: How Can the BWC Be Used to Intercede When a Non-Signator IS Suspected of Bioweapon Creation?","authors":"Laurie Means","doi":"10.1515/JBBBL-2019-0002","DOIUrl":"https://doi.org/10.1515/JBBBL-2019-0002","url":null,"abstract":"Abstract An analysis of the Biological Weapons Convention and Resolution 1540 and how they can be used when dealing with non-state actors. The responsibilities of the Party States that have signed BWC and Resolution 1540 are also discussed.","PeriodicalId":415930,"journal":{"name":"Journal of Biosecurity, Biosafety, and Biodefense Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130395658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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