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Full-Text Articles in Law

Neglecting Nationalism, Gil Seinfeld May 2019

Neglecting Nationalism, Gil Seinfeld

Articles

Federalism is a system of government that calls for the division of power between a central authority and member states. It is designed to secure benefits that flow from centralization and from devolution, as well as benefits that accrue from a simultaneous commitment to both. A student of modern American federalism, however, might have a very different impression, for significant swaths of the case law and scholarly commentary on the subject neglect the centralizing, nationalist side of the federal balance. This claim may come as a surprise, since it is obviously the case that our national government has become immensely ...


Solving The Opioid Epidemic In Ohio, Lacy Leduc May 2019

Solving The Opioid Epidemic In Ohio, Lacy Leduc

Journal of Law and Health

On May 31, 2017, Ohio Attorney General Mike DeWine took a step in fighting Ohio's opioid epidemic, bringing the first of many lawsuits against five top pharmaceutical companies. However, under Federal and State law, there is an exception called the Learned Intermediary Doctrine, which can absolve drug manufacturers of liability from any misconduct that might be found and transfer that liability to a treating physician. This exception is the way many drug manufacturers were able to avoid being held responsible in the past. This Note proposes that with the current pending lawsuit in the State of Ohio, an exception ...


Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml May 2019

Puffing Away Parental Rights: A Survey And Analysis Of Whether Secondhand Smoke Exposure Is Child Abuse, Karly Huml

Journal of Law and Health

The steps taken thus far to protect children in public areas, custody cases, and in vehicles show the legislature's awareness of the chemical harms of secondhand smoke for children. This article will analyze those steps and discuss what they mean for both parents' and children's constitutional rights. This article proposes that the legislature take a vital fourth step by including secondhand smoke exposure in child abuse laws. Section II of this article provides the history of smoking tobacco and its transition from a trendy social status to an unpopular, harmful habit. Section II also introduces the steps that ...


Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson May 2019

Plaintiff Personal Jurisdiction And Venue Transfer, Scott Dodson

Michigan Law Review

Personal jurisdiction usually focuses on the rights of the defendant. This is because a plaintiff implicitly consents to personal jurisdiction in the court where the plaintiff chooses to file. But what if the defendant seeks to transfer venue to a court in a state in which the plaintiff has no contacts and never consented to personal jurisdiction? Lower courts operate on the assumption that in both ordinary venue-transfer cases under 28 U.S.C. § 1404(a) and multidistrict-litigation cases under § 1407(a), personal-jurisdiction concerns for plaintiffs simply do not apply. I contest that assumption. Neither statute expands the statutory authorization ...


Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow May 2019

Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow

Brooklyn Journal of Corporate, Financial & Commercial Law

In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s ...


Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe, Nora Hood May 2019

Domestic Asset Protection Trusts: A Debtor's Friend And Creditor's Foe, Nora Hood

Brooklyn Journal of Corporate, Financial & Commercial Law

In 1997, Alaska enacted the first law in the United States legalizing Domestic Asset Protection Trusts (DAPTs), also referred to as self-settled asset protection trusts, as valid legal entities. Under traditional trust law, a debtor cannot shield assets from creditors by placing them in a trust for his or her own benefit. Alaska’s statute allowing DAPTs calls the traditional rule into question. This Note will examine use of DAPTs in the United States, including whether or not the recently amended Uniform Voidable Transaction Act would consider any transfer to a DAPT voidable per se, and discuss an approach that ...


A Brand-Name Drug Company May Violate Section Two Of The Sherman Act By Mislabeling A Submitted Patent In The Orange Book: An Implication From In Re Actos End-Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017), Ping-Hsun Chen May 2019

A Brand-Name Drug Company May Violate Section Two Of The Sherman Act By Mislabeling A Submitted Patent In The Orange Book: An Implication From In Re Actos End-Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017), Ping-Hsun Chen

Brooklyn Journal of Corporate, Financial & Commercial Law

The Hatch-Waxman Act encourages generic drug companies to submit an abbreviated new drug application (“ANDA”) for a generic version of a drug approved by the U.S. Food and Drug Administration (“FDA”). Nevertheless, a mechanism exists for a brand-name drug company to adjudicate a patent infringement dispute before the FDA approves an ANDA. The mechanism includes the regulatory scheme of patent information submission implemented by the FDA. 21 U.S.C. § 355(b)(1) requires that patent information be correct. False patent information destroys the objectives of the Hatch-Waxman Act. In re Actos End-Payor Antitrust Litigation, 848 F.3d 89 ...


Lobbying As A Strategy For Tribal Resilience, Kristen Matoy Carlson May 2019

Lobbying As A Strategy For Tribal Resilience, Kristen Matoy Carlson

BYU Law Review

Indian tribes have endured as separate governments despite the taking of their land, the forced relocation of their people, and the abrogation of their treaty rights. Many threats to tribal existence have stemmed from federal policies aimed at assimilating Indians into mainstream American society. In crafting these policies, members of Congress often relied on the input of non-Indians, including the Bureau of Indian Affairs. As a result, American Indians were largely left out of the federal policy–making process. This started to change in the 1970s when Congress adopted the Tribal Self-Determination Policy, which encouraged tribal participation in the creation ...


Lobbying The Regulatory State: An Examination Of Regulation And Revolving Door Lobbying, Charles Lowrance Iii Apr 2019

Lobbying The Regulatory State: An Examination Of Regulation And Revolving Door Lobbying, Charles Lowrance Iii

James Madison Undergraduate Research Journal (JMURJ)

The prominence of lobbying activity in Washington, D.C., is well-known and often discussed by pundits and legislators alike. For those familiar with the practice of lobbying, it is not a secret that many former government employees become lobbyists and vice versa in a phenomenon often called the revolving door. Yet to be determined, however, is what leads to these so-called revolving door lobbyists and what factors contribute to a heightened number of them working on similar issues.

This study sought to determine if there is a relationship between the degree to which the federal government regulates a certain industry ...


British Government Information Resources, Bert Chapman Apr 2019

British Government Information Resources, Bert Chapman

Libraries Faculty and Staff Creative Materials

Provides an overview of British Government information resources. Contents include basic British economic and political background and information from British Government websites including the Department of Environment, Food, and Rural Affairs (DEFRA), Brexit related material produced by British government agencies such as the Department for Exiting the European Union,, the Ministry of Defence, the National Museum of the Royal Navy, the Home Office Visas and Immigration Section, the Office of National Statistics, Her Majesty's Treasury, the British Parliament including parliamentary committees and research agencies, the website of Member of Parliament (MP) Jacob Rees-Mogg (Conservative-North East Somerset), a webcast of ...


The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo Apr 2019

The Impact Of H.B. 214: A Critical Analysis Of The Texas "Rape Insurance" Bill, Lucie Arvallo

St. Mary's Law Journal

Texas House Bill 214 (H.B. 214) is subject to challenge under the Supreme Court precedent protecting a woman’s right to choose. Passed in 2017, H.B. 214 regulates Texas insurance markets by prohibiting coverage for an elective abortion unless a woman affirmatively opts into such coverage through a separate contract and pays a separate premium. Similar restrictions on insurance coverage for elective abortion in other states have been met with mixed results in the courts. What sets H.B. 214 apart from other regulations of insurance coverage for abortion is that it does not include any exceptions for ...


Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden Apr 2019

Law School News: 'Hate And Bigotry Have No Place In America' April 18, 2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, Manning Gilbert Warren Iii Apr 2019

Reflections On Dual Regulation Of Securities: A Case For Reallocation Of Regulatory Responsibilities, Manning Gilbert Warren Iii

Manning G. Warren III

I address the scope of state regulatory power that remains given the National Securities Markets Improvement Act of 1996's dictates and prerogatives. I then suggest for consideration significant alterations to the regulatory role traditionally performed by the states.


From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy Apr 2019

From Stele To Silicon: Publication Of Statutes, Public Access To The Law, And The Uniform Electronic Legal Material Act, Frederick W. Dingledy

Library Staff Publications

For a legal system to succeed, its laws must be available to the public it governs. This article looks at the methods used by different governments throughout history to publicize legislation and the rulers’ possible motivations for publication. It concludes by discussing how the Uniform Electronic Legal Material Act provides the next logical step in this long tradition of publicizing the law.


S19rs Eo No. 1 (Higher Ed Report), Stewart Lockett Apr 2019

S19rs Eo No. 1 (Higher Ed Report), Stewart Lockett

Student Senate Enrolled Legislation

An Executive Order

Establishment of “Higher Education Report Card Committee”


S19rs Sgb No. 3 (Delegate Amendments), Alaysia Johnson Apr 2019

S19rs Sgb No. 3 (Delegate Amendments), Alaysia Johnson

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws Article XV: Delegation to include Caucuses.


S19rs Sgb No. 4 (Student Bill Of Rights And Responsibilities), Catherine Mckinney Apr 2019

S19rs Sgb No. 4 (Student Bill Of Rights And Responsibilities), Catherine Mckinney

Student Senate Enrolled Legislation

A BILL

To Establish the Student Bill of Rights and Responsibilities in tandem with the LSU Faculty Senate


S19rs Sgb No. 5 (Graduate School Apportionment), Jordan Landry, Alaysia Johnson Apr 2019

S19rs Sgb No. 5 (Graduate School Apportionment), Jordan Landry, Alaysia Johnson

Student Senate Enrolled Legislation

A BILL

To Amend the Student Government Constitution Regarding the Apportionment of Student Senate Seats to the Graduate School


S19rs Eo No. 2 (Special Needs Program), Stewart Lockett Apr 2019

S19rs Eo No. 2 (Special Needs Program), Stewart Lockett

Student Senate Enrolled Legislation

AN EXECUTIVE ORDER

To Establish the “Special Needs Program Temporary Committee”


S19rs Sgfb No. 11 (Stainless Steel Straws), Georgacopoulos, Mcgovern, Menon, Bryant Apr 2019

S19rs Sgfb No. 11 (Stainless Steel Straws), Georgacopoulos, Mcgovern, Menon, Bryant

Student Senate Enrolled Legislation

To Appropriate a maximum of Four Thousand Five Hundred ($4,500) from the Student Senate Initiatives Account to purchase 2,000 reusable stainless steel straws to promote sustainability on LSU Campus


S19rs Sgb No. 2 (Funding Amendment), Jacob Cheatwood Apr 2019

S19rs Sgb No. 2 (Funding Amendment), Jacob Cheatwood

Student Senate Enrolled Legislation

A Bill

To amend the student government bylaws


S19rs Sgb No. 1 (Rules Of Court), Victoria Pitre Apr 2019

S19rs Sgb No. 1 (Rules Of Court), Victoria Pitre

Student Senate Enrolled Legislation

A Bill

To Amend the Rules of Court


S19rs Sgb No. 7 (Surplus Account), Jack Green Apr 2019

S19rs Sgb No. 7 (Surplus Account), Jack Green

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws


S19rs Sgb No. 6 (Budget), Jack Green Apr 2019

S19rs Sgb No. 6 (Budget), Jack Green

Student Senate Enrolled Legislation

A BILL

to amend the Student Government budget.


S19rs Sgfb No. 5 (Sxsw Conference), Cheatwood Apr 2019

S19rs Sgfb No. 5 (Sxsw Conference), Cheatwood

Student Senate Enrolled Legislation

A FINANCE BILL

To allocate six thousand five hundred dollars and zero cents $6,500 from the Legislative Contingency account to fund the registration costs of the students attending the 2019 SXSW conference in Austin, Texas March 8-12


S19rs Sgfb No. 13 (Geaux Vote Inaugural Legislative Breakfast), Mckinney, Legrande, Miguez, Stark, Cox Apr 2019

S19rs Sgfb No. 13 (Geaux Vote Inaugural Legislative Breakfast), Mckinney, Legrande, Miguez, Stark, Cox

Student Senate Enrolled Legislation

A FINANCE BILL

To Allocate a Maximum of two thousand three hundred and eighty dollars and eleven cents ($2,380.11) From the Legislative Initiatives Account to fund the Student government and Geaux Vote Inaugural legislative Breakfast.


S19rs Sgb No. 8 (Election Code Amendment), Catherine Mckinney Apr 2019

S19rs Sgb No. 8 (Election Code Amendment), Catherine Mckinney

Student Senate Enrolled Legislation

A Bill

To amend the Student Government Bylaws


21st Century Cures Act: The Problem With Preemption In Light Of Deregulation, Megan C. Andersen Apr 2019

21st Century Cures Act: The Problem With Preemption In Light Of Deregulation, Megan C. Andersen

University of Michigan Journal of Law Reform

The 21st Century Cures Act introduced innovative changes to the Food and Drug Administration’s regulatory processes. In an effort to address the slow, costly, and burdensome approval process for high-risk devices, the Cures Act modernized clinical trial data by allowing reviewers to determine whether devices merit expedited review and to consider post-market surveillance data in the premarket approval process. These changes will get life-saving devices to the people who need them faster than ever before. But the tradeoff is a greater risk of injury to the patient. The 2008 Supreme Court decision Riegel v. Medtronic, Inc., held that any ...


The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus Apr 2019

The Fire Rises: Refining The Pennsylvania Fireworks Law So That Fewer People Get Burned, Sean P. Kraus

Dickinson Law Review

On October 30, 2017, the General Assembly of Pennsylvania passed an act that repealed the state’s fireworks law, which had prohibited the sale of most fireworks to Pennsylvanian consumers for nearly 80 years. The law’s replacement generally permits Pennsylvanians over 18 years old to purchase, possess, and use “Consumer Fireworks.” Bottle rockets, firecrackers, Roman candles, and aerial shells are now available to amateur celebrants for holidays like Independence Day and New Year’s Eve. The law also regulates a category of larger “Display Fireworks,” sets standards for fireworks vendors, and introduces a 12-percent excise tax on fireworks sales ...


Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond Apr 2019

Standing For Standing Rock?: Vindicating Native American Religious And Land Rights By Adapting New Zealand's Te Awa Tupua Act To American Soil, Malcolm Mcdermond

Dickinson Law Review

On February 23, 2017, the Standing Rock Sioux Tribe (“Tribe”) was forced to disband its nearly year-long protest against the construction of the Dakota Access Pipeline, which threatened the integrity of its ancestral lands. The Tribe sought declaratory and injunctive relief in the United States District Court for the District of Columbia, but the court ruled against the Tribe and failed to protect its interests. While the United States was forcibly removing Indigenous protesters, other countries were taking steps to protect Indigenous populations. In unprecedented legislative action, New Zealand took radical steps to protect the land and cultural rights of ...