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What We’ve Got Here Is a Failure to Investigate: The Syrian Biological Weapons Threat 我们得到的是调查失败:叙利亚生物武器威胁
Pub Date : 2014-09-01 DOI: 10.1515/jbbbl-2014-0009
Son Trinh
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引用次数: 0
Should Everyone Know Everything?: The Freedom of Information Act vs. Governmental and National Security 每个人都应该知道一切吗?:信息自由法案与政府和国家安全
Pub Date : 2014-09-01 DOI: 10.1515/JBBBL-2014-0008
Peyton S. Kampas
The Freedom of Information Act (FOIA) defines the public’s fundamental right to information about the government and its functions. Although federal acts and other similar acts implemented at the state level are fundamental, they do create a challenge of balancing. Such balancing involves the weighing of the public’s right to information, and the risk imposed upon government and national security by providing such information. This paper will explore such balancing imposed by the freedom of information. First, this paper will provide a national overview of FOIA and explore the Federal Open Meetings Law implemented by the federal government of the United States. Additionally, this paper will discuss current outsourcing of information requests and other FOIA policies within the Obama Administration. Second, this paper will examine what policies Texas has implemented in regards to FOIA and also discuss the Texas Public Information Act (TPIA) and the Texas Open Meetings Act (TOMA). Additionally, topics regarding public information in the context of the current legislative session, and the current issues and recent litigation regarding TPIA and TOMA will also be examined.
《信息自由法》(Freedom of Information Act, FOIA)规定了公众了解政府及其职能的基本权利。尽管联邦法律和其他在州一级实施的类似法律是基本的,但它们确实带来了平衡的挑战。这种平衡包括权衡公众获得信息的权利,以及提供这些信息给政府和国家安全带来的风险。本文将探讨信息自由所带来的这种平衡。首先,本文将介绍《信息自由法》的全国概况,并探讨美国联邦政府实施的《联邦公开会议法》。此外,本文还将讨论奥巴马政府目前的信息请求外包和其他《信息自由法》政策。其次,本文将考察德克萨斯州在《信息自由法》方面实施了哪些政策,并讨论《德克萨斯州公共信息法》和《德克萨斯州公开会议法》。此外,还将审查当前立法会议背景下的公共信息主题,以及有关TPIA和TOMA的当前问题和最近的诉讼。
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引用次数: 0
Outbreak or Attack: The Effects of Federalism on the U.S. Public Health System as Shown by the Emergence of the West Nile Virus 爆发或攻击:联邦制对美国公共卫生系统的影响,以西尼罗河病毒的出现为例
Pub Date : 2014-09-01 DOI: 10.1515/jbbbl-2014-0006
Adam Varvel
In today’s ever shrinking world, the complexities of the U.S. public health model, and the federalism system in which it operates, jeopardize the government’s ability to effectively and efficiently deal with an outbreak or biological attack. This is clearly demonstrated by the events surrounding the 1999 West Nile outbreak. Problems persist in the public health arena—problems that can be addressed to make public health preparedness more effective and efficient than it is today. The West Nile virus seems to advance farther summer, spreading into new areas and infecting more and more people. Changes need to be made to ensure a system is in place that adequately meets the demands of a natural outbreak or biological terrorism event. The current federal system divides the powers of government between roles allocated to the federal government and roles allocated to the state governments. The principles of federalism seem to be somewhat fluid in meeting the current demands of the country. In the past, levels of federal involvement have increased and decreased over the years. However, public health, which has
在当今日益缩小的世界中,美国公共卫生模式的复杂性及其运作的联邦制制度危及政府有效和高效应对疫情爆发或生物攻击的能力。围绕1999年西尼罗河病毒爆发的事件清楚地证明了这一点。公共卫生领域的问题仍然存在,这些问题可以加以解决,使公共卫生准备工作比现在更有效和更有效率。西尼罗河病毒似乎在夏季继续传播,传播到新的地区,感染越来越多的人。需要作出改变,以确保建立一个能够充分满足自然爆发或生物恐怖主义事件要求的系统。目前的联邦制将政府权力分为分配给联邦政府的角色和分配给州政府的角色。联邦制的原则在满足国家当前的需求方面似乎有些不稳定。在过去,联邦政府的参与程度在过去几年里忽高忽低。然而,公共卫生
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引用次数: 0
Legislations on Biosecurity: Compliance Challenges for Malaysian Scientists 生物安全立法:马来西亚科学家面临的合规挑战
Pub Date : 2014-09-01 DOI: 10.1515/jbbbl-2014-0001
T. Subramaniam
Abstract Malaysia is one of the State Parties to the Biological Toxins and Weapons Convention (BTWC), which was signed in 1972 and ratified in 1991. National legislation governing laboratory biosecurity is in progress. The Malaysian BTWC Bill, when implemented, will require all organizations working with infectious organisms to develop institutional biorisk policies and implement biorisk management programs to address laboratory biosafety and biosecurity at the workplace. Laboratory biosecurity is a relatively new and evolving paradigm for bioscience laboratories in Malaysia. Compliance with this legislation is a significant challenge and requires major change to organizational and workplace culture. Successful implementation would also require awareness training, resources, and a culture of responsibility among scientists.
马来西亚是1972年签署、1991年批准的《生物毒素和武器公约》(BTWC)缔约国之一。管理实验室生物安全的国家立法正在进行中。马来西亚生物制品管制法案实施后,将要求所有与传染性生物打交道的组织制定机构生物风险政策并实施生物风险管理计划,以解决实验室生物安全和工作场所的生物安全问题。实验室生物安全是马来西亚生物科学实验室相对较新的和不断发展的范例。遵守这项立法是一项重大挑战,需要对组织和工作场所文化进行重大改变。成功的实施还需要科学家之间的意识培训、资源和责任文化。
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引用次数: 1
“An Ounce of Prevention Is Worth a Pound of Quarantine”: National and International Quarantine Laws vs Prevention and Control Measures as Applied to XDR-TB “一盎司预防抵得上一磅检疫”:国家和国际检疫法与适用于广泛耐药结核病的预防和控制措施
Pub Date : 2014-09-01 DOI: 10.1515/JBBBL-2014-0004
Bradley E. Lewis
We live in an increasingly globalized world where international business travel, tourism, and trade are commonplace and becoming increasingly available to the world’s populace. Germ theory is understood by most people to be the culprit behind many of the common ailments we might suffer, such as influenza. In recent years, the world has seen H1N1 Swine Flu, SARS, and in many places even diseases that are more formidable, such as extensively drug-resistant tuberculosis (XDR-TB). For years now, moviemakers have sensationalized the potential impact of a pandemic event on the silver screen. Even without those sensationalized theatrical accounts, we are well aware that a pandemic could cripple a national or even the global economy. Given these factors, how can we not prioritize the need for effective public health legislation on a national and international level? This article will explore the overall question of how we can utilize the existing legal structure, or make changes to the existing legal structure from an international perspective, to prevent and control XDR-TB in United States before the extreme measure of quarantine is necessary. In exploring this question, we will first examine the origins and evolution of XDR-TB and then assess the contemporary threat posed by XDR-TB. The primary focus is the use of
我们生活在一个日益全球化的世界里,国际商务旅行、旅游和贸易已经司空见惯,并且越来越多地为世界人民所接受。细菌理论被大多数人认为是我们可能遭受的许多常见疾病(如流感)背后的罪魁祸首。近年来,世界上出现了H1N1猪流感、SARS,在许多地方甚至出现了更可怕的疾病,如广泛耐药结核病(XDR-TB)。多年来,电影制作人一直在银幕上渲染流行病的潜在影响。即使没有这些耸人听闻的戏剧性报道,我们也清楚地意识到,一场大流行病可能会削弱一个国家甚至全球经济。考虑到这些因素,我们怎能不优先考虑在国家和国际一级制定有效的公共卫生立法呢?本文将探讨我们如何利用现有的法律结构,或从国际角度对现有的法律结构进行改变,在必要的极端隔离措施之前,在美国预防和控制广泛耐药结核病。在探讨这个问题时,我们将首先考察广泛耐药结核病的起源和演变,然后评估广泛耐药结核病构成的当代威胁。主要的焦点是使用
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引用次数: 0
Plan and Prepare: Formulating an Emergency Response Plan for First Responders and Good Samaritans during a Bioterrorist Act Affecting Thousands 计划和准备:在影响数千人的生物恐怖主义行为中为第一响应者和好心人制定紧急反应计划
Pub Date : 2014-09-01 DOI: 10.1515/JBBBL-2014-0012
Austin Carrizales
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引用次数: 0
The Non-fiction of Captain America: A Legal Analysis of the Potential and Perils of Genetic Engineering in Modern Warfare 《美国队长:现代战争中基因工程的潜在和危险的法律分析》
Pub Date : 2014-09-01 DOI: 10.1515/JBBBL-2014-0007
Lara Wynn
Imagine an individual who wanted to join the armed forces but the government deemed too frail. However, in order to assist the United States win World War II, he agreed to undergo a military biological test to enhance his body with an experimental serum, thus creating a super solider. In this imaginary world, this man was Steve Rogers, more popularly known as Captain America. As a result of the “Super-Soldier Serum,” Rogers’s body was transformed and capable of performing at the height of human potential in terms of strength, agility, speed, reflexes, durability, and healing. The serum enhanced all of his metabolic functions, thus giving him endurance far surpassing a normal human being by preventing the build-up of lactic acid in his muscles. The United States utilized Captain America during World War II to help the military in endeavors that would have been impossible for a normal soldier.
想象一下,一个人想参军,但政府认为他太虚弱。然而,为了帮助美国赢得第二次世界大战,他同意接受一项军事生物测试,用实验血清增强他的身体,从而创造了一名超级士兵。在这个虚构的世界里,这个人就是史蒂夫·罗杰斯,更广为人知的名字是美国队长。由于“超级士兵血清”的作用,罗杰斯的身体发生了变化,能够在力量、敏捷、速度、反应、耐久性和治疗方面发挥人类潜能的最高水平。血清增强了他的所有代谢功能,从而使他的耐力远远超过正常人,因为他的肌肉中没有乳酸的积累。第二次世界大战期间,美国利用美国队长帮助军队完成了普通士兵不可能完成的任务。
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引用次数: 1
New Rules to Play By: International Health Regulations and the 2016 Olympics 新规则:国际卫生条例和2016年奥运会
Pub Date : 2014-09-01 DOI: 10.1515/jbbbl-2014-0014
Alexandria Dover
Mass gatherings, such as the Olympics, bring together large concentrations of people from throughout the world. Some of these people may be from a particular risk group, such as those who have not received routine vaccinations or are immunocompromised. Such groups increase the chances of infectious diseases spreading in those who are susceptible. The International Health Regulations issued by the World Health Organization (WHO) in 2005 and taking effect in 2007 aim at helping the international community prevent and respond to acute public health risks that have the potential to cross borders and threaten people worldwide. The Olympics is a convergence of temporarily relocated people from around the globe, which is the kind of mass gathering that lends itself to susceptibility of diseases that spread quickly in a short period of time. Because of this risk, should Brazil, as the host of 2016 Olympics and as a
大规模的集会,如奥运会,将来自世界各地的大量人群聚集在一起。其中一些人可能来自一个特殊的风险群体,例如那些没有接受常规疫苗接种或免疫功能低下的人。这些群体增加了传染病在易感人群中传播的机会。世界卫生组织(世卫组织)于2005年发布并于2007年生效的《国际卫生条例》旨在帮助国际社会预防和应对有可能跨越国界并威胁全世界人民的严重公共卫生风险。奥运会是世界各地临时迁移的人们的集合,这是一种大规模的聚集,容易在短时间内迅速传播疾病。由于这种风险,巴西作为2016年奥运会的主办国和
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引用次数: 1
Introduction to Volume V 第五卷导言
Pub Date : 2014-09-01 DOI: 10.1515/jbbbl-2014-1001
V. Sutton
We are pleased to publish Volume V of the Journal of Biosecurity, Biosafety and Biodefense Law. This volume continues our journal’s tradition of addressing emerging and important issues within the fields of biosecurity, biosafety, and biodefense law, from a practical as well as a theoretical perspective. The lead article of Volume V, Legislations on Biosecurity: Compliance Challenges for Malaysian Scientists by T.S. Saraswathy Subramaniam, focuses on the biosecurity compliance challenges currently faced by laboratories in Malaysia. The remaining articles selected for Volume V address five subjectmatter areas. The first group of articles addresses the various global approaches to quarantine of disease-harboring individuals. The second group of articles discusses the relationship between federalism and biosecurity law. The third group of articles engages in a comparative analysis of the various legal approaches to biosecurity. The fourth group of articles addresses the processes of attribution and justice (or lack thereof) relating to the use of bioweapons. Finally, the fifth group of articles discusses the application of domestic and foreign biosecurity laws to “mass gathering” situations. This marks the first special section for focus in the Journal, and we are pleased to provide this forum for the first published scholarship concerning the scope of interests of the World Health Organization initiative on mass gatherings. The first section provides contextual and historical information regarding the use of quarantine law to prevent the spread of infectious disease. First, Nadia Haghighatian reviews the historical use of quarantine and examines some of its associated limitations in her article One Hundred Years of Solitude: The Uses and Limitations of Quarantine As a Tool for Maintaining Global Public Health Since Typhoid Mary. Subsequently, Bradley Lewis discusses pre-emptive strategies for the prevention and control of XDR-TB in “An Ounce of Prevention is Worth a Pound of Quarantine”: National and International Quarantine Laws vs Prevention and Control Measures as Applied to XDR-TB.
我们很高兴出版《生物安全、生物安全和生物防御法》杂志第五卷。本卷继续我们的期刊解决生物安全,生物安全和生物防御法领域内的新兴和重要问题的传统,从实践以及理论的角度。第五卷的主要文章,生物安全立法:马来西亚科学家的合规挑战,由T.S. Saraswathy Subramaniam撰写,重点关注马来西亚实验室目前面临的生物安全合规挑战。为第五卷挑选的其余文章涉及五个主题领域。第一组文章论述了全球对携带疾病个体进行检疫的各种方法。第二组文章讨论了联邦制与生物安全法之间的关系。第三组文章对生物安全的各种法律途径进行了比较分析。第四组条款涉及与使用生物武器有关的归属和正义(或缺乏正义)过程。最后,第五组文章讨论了国内外生物安全法在“群众聚集”事件中的适用。这标志着《华尔街日报》的第一个特别专题,我们很高兴为关于世界卫生组织大规模集会倡议的利益范围的第一个已发表的奖学金提供这个论坛。第一部分提供了有关使用检疫法防止传染病传播的背景和历史信息。首先,Nadia Haghighatian在她的文章《百年孤独:自伤寒玛丽以来隔离作为维护全球公共卫生工具的用途和局限性》中回顾了隔离的历史使用,并检查了一些相关的局限性。随后,Bradley Lewis在《一盎司预防胜过一磅检疫》一文中讨论了预防和控制广泛耐药结核病的先发制人策略:国家和国际检疫法与适用于广泛耐药结核病的预防和控制措施。
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引用次数: 0
Preparing for Agroterror: How is the Texas Animal Health Commission Implementing Federal Food Security Regulations? 为农业恐怖做准备:德州动物卫生委员会如何实施联邦食品安全条例?
Pub Date : 1900-01-01 DOI: 10.1515/jbbbl-2015-0005
J. Hunter
Abstract Agroterrorism is a subform of bioterrorism with the potential to have a crippling impact on both the agricultural industry and the food supply of a nation. A calculated attack using a miniscule amount of pathogenic or disease causing substances on the livestock or crops in one rural community can spread to animals and metropolitan regions much farther away long before any response from state or federal veterinary or agricultural organizations. Although there have been no large-scale agroterrorism attacks in the United States, there have been historical precedents for agricultural biological warfare and recent examples of unintentional or accidental spread of pathogens in the food supply that have threatened the health and safety of the public. Along with an ongoing push for preparedness to prevent a biological attack on the U.S. agricultural industry, there is a great deal of uncertainty and conflict among landowners, farmers, analysts, and politicians about what methods should be implemented to safeguard the public. In response to this possible threat, the United States government has implemented legislation that it considers preemptive in its ability to safeguard the food supply and manage the public health and/or biological crime response in a widespread agroterrorist attack scenario. However, this requires cooperation on both the state and federal levels, and of several agencies including the department of Health, U.S. Department of Agriculture (USDA), Federal Bureau of Investigation, and the Department of Health and Human Services. This paper examines the steps being taken by the USDA in fulfilling the orders of the federal government in response to the looming threat of agroterrorism and how the TAHC works cooperatively with federal agencies and the private agricultural industry to carry out these regulations.
农业恐怖主义是生物恐怖主义的一种形式,有可能对一个国家的农业和粮食供应产生严重影响。在一个农村社区对牲畜或农作物使用极少量的致病性或致病性物质,就可以在州或联邦兽医或农业组织作出任何反应之前很久就传播到更远的动物和大都市地区。虽然美国没有发生大规模的农业恐怖主义袭击,但历史上有农业生物战的先例,最近也有食品供应中无意或意外传播病原体的例子,威胁到公众的健康和安全。在持续推进防范美国农业遭受生物袭击的准备工作的同时,在土地所有者、农民、分析人士和政治家之间,对于应该采取什么方法来保护公众,存在很大的不确定性和冲突。为了应对这一可能的威胁,美国政府实施了立法,它认为这是在广泛的农业恐怖袭击情景中保障粮食供应和管理公共卫生和/或生物犯罪应对能力方面先发制人的立法。然而,这需要州和联邦两级以及几个机构的合作,包括卫生部、美国农业部(USDA)、联邦调查局和卫生与公众服务部。本文考察了美国农业部为应对迫在眉睫的农业恐怖主义威胁而履行联邦政府命令所采取的步骤,以及TAHC如何与联邦机构和私营农业行业合作执行这些规定。
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引用次数: 2
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Journal of Biosecurity, Biosafety, and Biodefense Law
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