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Articles 1 - 12 of 12

Full-Text Articles in Law

Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan Jan 2015

Sharing The Burden Of Ebola Vaccine Related Adverse Events, Sam Halabi, John T. Monahan

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Retelling English Sovereignty, Marc L. Roark Jan 2015

Retelling English Sovereignty, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

Sovereign immunity is a legal fiction that forecloses the possibility of the government being hailed into court, except by its own permission. The fiction draws on narratives about kingship and realm, state and church, and property and owner that help shield the sovereign from challenges to its authority. This Article argues that sovereign immunity’s legal sources relied on relationships between king and church, king and property, and king and constitution to articulate an authority that could not be challenged by its subjects. This Article suggests that, absent other normative stories that support sovereign immunity, the doctrine remains empty of substance …


Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi Jan 2015

Obstacles To Ph1n1 Vaccine Availability: The Complex Contracting Relationship Between Vaccine Manufacturers, Who, Donor And Beneficiary Governments, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

Vaccines are the most important line of defense to protect public health and the spread of disease during influenza pandemics. Yet the 2009 experience with pandemic H1N1 influenza showed that manufacturers, wealthy and poor governments were completely unprepared for the demands that global demand for vaccine production and distribution might impose. This chapter analyzes the failures of the system in 2009-10 with the aim of facilitating greater preparedness for future influenza pandemics.


The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher Jan 2015

The Irrelevance Of Prisoner Fault For Excessively Delayed Executions, Russell Christopher

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Veil-Piercing’S Procedure, Sam Halabi Jan 2015

Veil-Piercing’S Procedure, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Slavery, Property, And Marshall In The Positivist Legal Tradition, Marc L. Roark Jan 2015

Slavery, Property, And Marshall In The Positivist Legal Tradition, Marc L. Roark

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi Jan 2015

Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi Jan 2015

The Codex Alimentarius Commission, Corporate Influence, And International Trade: A Perspective On Fda’S Global Role, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Tort Reform And Jury Instructions, Charles W. Adams Jan 2015

Tort Reform And Jury Instructions, Charles W. Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

This article discusses two recent statutes and the efforts of the Oklahoma Committee on Uniform Jury Instructions (Civil OUJI Committee) to recommend uniform jury instructions based on these statutes to the Oklahoma Supreme Court. The first statute is Okla. Stat. Title 12, §577.4, which deals with an instruction to juries that awards for damages for personal injuries and wrongful death that are nontaxable. The second statute is Okla. Stat. Title 23, §61.2, which imposes a $350,000 cap on noneconomic losses for personal injuries.


Why Personhood Matters, Tamara R. Piety Jan 2015

Why Personhood Matters, Tamara R. Piety

Articles, Chapters in Books and Other Contributions to Scholarly Works

One of the most controversial aspect of the Supreme Court's decisions in Citizens United and Hobby Lobby is its treatment of corporate personhood. Many members of the public object to the notion that corporations should have the same rights as human beings. Yet many scholars claim that this concern is misplaced. In this article I argue that concern about corporate personhood is not misplaced because the personhood metaphor conceals the degree to which there has not been an adequate justification given for extending fundamental rights to corporations. Focusing on personhood allows us to push on the metaphor to ask whether …


Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith V. Royster Jan 2015

Revisiting Montana: Indian Treaty Rights And Tribal Authority Over Nonmembers On Trust Lands, Judith V. Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

In a series of cases beginning with its 1981 decision in Montana v. United States, the US. Supreme Court has diminished the civil authority of Indian tribal governments over nonmembers within the tribes' territories. Initially, the Court confined itself to hobbling tribes' inherent sovereign authority over non-tribal members only on non-Indian ('fee") lands within reservations. In 2001, however, the Court ruled for the first time that a tribe did not possess inherent jurisdiction over a lawsuit against state officers that arose on Indian ("trust') lands. What that decision, Nevada v. Hicks, means for general tribal authority over nonmembers on Indian …


The Search For Meaning In The Notice Requirements Of The Fair Debt Collection Practices Act: A 30 For 30 Short, Johnny Parker Jan 2015

The Search For Meaning In The Notice Requirements Of The Fair Debt Collection Practices Act: A 30 For 30 Short, Johnny Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.