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Full-Text Articles in Law
Big Tobacco, Medicaid-Covered Smokers, And The Substance Of The Master Settlement Agreement, Gregory W. Traylor
Big Tobacco, Medicaid-Covered Smokers, And The Substance Of The Master Settlement Agreement, Gregory W. Traylor
Vanderbilt Law Review
In 1994, executives from "Big Tobacco"-industry leaders Philip Morris, R.J. Reynolds, Brown and Williamson Tobacco, and Lorillard-appeared before Congress and denied that nicotine is addictive despite internal documents disclosing a long history of industry-wide awareness about the addictive nature of the drug. One executive even denied that smoking causes death despite the well- established scientific consensus to the contrary. Worse still, tobacco companies had consciously targeted children as young as fourteen-years-old in their advertising schemes. In an internal R.J. Reynolds memorandum to Vice President of Marketing C.A. Tucker, J.F. Hind wrote: "To ensure increased and longer-term growth for CAMEL FILTER, …
The Right To Voice Reprised, Christopher Slobogin
The Right To Voice Reprised, Christopher Slobogin
Vanderbilt Law School Faculty Publications
This article appears in a symposium issue of Seton Hall Law Review on courtroom epistemology. In Proving the Unprovable: The Role of Law, Science and Speculation in Adjudicating Culpability and Dangerousness, I argued that criminal defendants ought to be able to present speculative psychiatric testimony if the expert has followed a routinized evaluation process that addresses the relevant legal criterion, an argument based in part on the position that the Constitution can be read to entitle defendants to tell their exculpatory mental state stories. In a recent essay, Professor Lillquist takes aim at this latter rationale, which I called the …
Allocating Liability For Deficient Warnings On Generic Drugs: A Prescription For Change, Sarah C. Duncan
Allocating Liability For Deficient Warnings On Generic Drugs: A Prescription For Change, Sarah C. Duncan
Vanderbilt Journal of Entertainment & Technology Law
Brand-name pharmaceutical companies create pioneer drugs that cure diseases around the world. However, because research and development costs are very high, brand-name drugs are expensive. In response to escalating costs, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 ("Hatch-Waxman Act") to promote generic competition. As generics become more prominent in the pharmaceutical marketplace, individuals injured by generic drugs are suing the manufacturers with more frequency. The cases often turn on which company should bear the liability for failing to warn--the brand-name manufacturer or the generic drug maker. Although the injured person took the generic drug, …
Policy Challenges Of The Heterogeneity Of The Value Of Statistical Life, W. Kip Viscusi
Policy Challenges Of The Heterogeneity Of The Value Of Statistical Life, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Economic research has developed estimates of the heterogeneity of the value of statistical life (VSL) on dimensions such as individual age, income, immigrant status, and the nature of the risk exposure. This paper examines the empirical evidence on the heterogeneity of VSL and explores the potential implications for the valuation of regulatory policies. Previously, the U.S. Environmental Protection Agency (EPA) unsuccessfully sought to adopt a simple age discount percentage for VSL based on survey evidence. However, labor market estimates of VSL indicate a pattern that tracks lifetime consumption trajectories, as the VSL rises with age and eventually tapers off but …