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Full-Text Articles in Law

Asbestos: A Multi-Billion-Dollar Crisis, Christopher F. Edley, Paul C. Weiler Nov 2012

Asbestos: A Multi-Billion-Dollar Crisis, Christopher F. Edley, Paul C. Weiler

Christopher Edley

No abstract provided.


Semiprocedural Judicial Review, Ittai Bar-Siman-Tov Dec 2011

Semiprocedural Judicial Review, Ittai Bar-Siman-Tov

Dr. Ittai Bar-Siman-Tov

This Article explores a novel cross-national phenomenon: the emergence of a new judicial review model that merges procedural judicial review with substantive judicial review. While this model is not yet fully defined, it has already spurred much controversy. The Article explicates this emerging model, which it terms 'semiprocedural review,' and provides a theoretical exploration of both its justifications and its objectionable aspects. It concludes by evaluating semiprocedural review's overall justifiability and suggesting guiding principles for a more legitimate model of semiprocedural review. The Article pursues these goals through the unique perspective of juxtaposing semiprocedural review with 'pure procedural judicial review' …


Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer Dec 2011

Interests In The Balance: Fda Regulations Under The Biologics Price Competition And Innovation Act, Parker Tresemer

Parker Tresemer

Recent biotechnology advances are yielding potentially life-saving therapies, but without FDA regulations designed to minimize product costs, patients will continue to be unable to afford these expensive biologic products. Many believe that these prohibitive costs stem from weak competition from generic biologic products, also known as follow-on biologics. To correct this deficiency, and to address the often conflicting regulatory and policy concerns associated with biologic products, Congress enacted the Biologics Price Competition and Innovation Act. The Act created an abbreviated approval pathway for biologic products and, if effective, could increase competition while driving down product costs. But legislation alone is …


Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler Dec 2011

Inside The Civil Rights Ring: Statutory Jabs And Constitutional Haymakers, Aaron J. Shuler

Aaron J Shuler

Civil rights litigators use statutory and constitutional attacks to combat inequality. Each approach has its advantages and drawbacks developed through interpretation by U.S. courts. The first major decision that shaped modern civil rights was the Civil Rights Cases that dodged a constitutional attack to withdraw most private acts of discrimination out of reach until the Civil Rights Act of 1964 was passed and validated in Heart of Atlanta v. U.S. In addition to the coupling of statutory attacks with private discrimination and constitutional challenges to state biases, statutory attacks have proven to be more adept at addressing disparate impacts as …


Malaysian Perspective On The Development Of Accessible Design, Hazreena Hussein, Naziaty Mohd Yaacob Dec 2011

Malaysian Perspective On The Development Of Accessible Design, Hazreena Hussein, Naziaty Mohd Yaacob

Hazreena Hussein

Malaysia has been actively providing accessibility in the built environment since the country signed the ‘Proclamation on the Full Participation and Equality of People with Disabilities in the Asia-Pacific Region' in 1994. However, Malaysia has limitations in enforcing legislation pertaining to accessibility. One of the concerns was the local authorities’ role in having their own mechanisms to create an accessible built environment. The objective is to highlight the gaps in Malaysia’s regulations and to illustrate the research development of the Accessible Design infrastructure for disabled people. The outcome will describe Malaysia’s experience in Accessible Design.


Development Of Accessible Design In Malaysia, Hazreena Hussein, Naziaty Mohd Yaacob Dec 2011

Development Of Accessible Design In Malaysia, Hazreena Hussein, Naziaty Mohd Yaacob

Hazreena Hussein

Malaysia has been actively providing accessibility in the built environment since the country signed the ‘Proclamation on the Full Participation and Equality of People with Disabilities in the Asia-Pacific Region’ in 1994. However, Malaysia has limitations in enforcing legislation pertaining to accessibility. One of the concerns was the local authorities’ role in having their own mechanisms to create a Barrier Free built environment. The objective is to highlight the gaps in Malaysia’s regulations and to illustrate the research development of the Accessible Design infrastructure for disabled people. The outcome will describe Malaysia’s experience in Accessible Design.