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Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax 2017 California Western School of Law

Application Of Default Rules To Address Financial Conflicts Of Interest In Academic Medical Centers, Joanna K. Sax

Joanna K Sax

A recent report issued from the Institute of Medicine contains an extensive analysis of financial conflicts of interest (FCOIs) in biomedical science. In brief, an FCOI exists when a profit-seeking motive either unduly influences or appears to influence an academic scientist’s primary obligations. The cornerstone of current policy to address FCOIs at academic medical centers (AMCs) is disclosure; however, disclosure does not appear to appropriately regulate, manage, or eliminate FCOIs.

Although the relationships between intramural scientists and industry and extramural scientists and industry may be structurally different, they both can lead to FCOIs that threaten scientific integrity. Overall, the ...


Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax 2017 California Western School of Law

Dietary Supplements Are Not All Safe And Not All Food: How The Low Cost Of Dietary Supplements Preys On The Consumer, Joanna K. Sax

Joanna K Sax

Dietary supplements are regulated as food, even though the safety and efficacy of some supplements are unknown. These products are often promoted as 'natural.' This leads many consumers to fail to question the supplements' safety, and some consumers even equate 'natural' with safe. But, 'natural' does not mean safe. For example, many wild berries and mushrooms are dangerous although they are natural. Another example is tobacco -- a key ingredient in cigarettes: it is natural, but overwhelming studies have established the harm of cigarette smoke. The Food and Drug Administration (FDA) only has limited ability to regulate the entry of new ...


The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax 2017 University of Pennsylvania Law School

The States "Race" With The Federal Government For Stem Cell Research, Joanna K. Sax

Joanna K Sax

This article presents an innovative study of the effect of individual states and private institutes in pushing forward stem cell research despite a federal ban on creating new stem cell lines. The author analyzes the impact of state legislation, proposing that states are reacting to federal policy by serving as laboratories for what is traditionally federally funded biomedical research.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager 2017 Selected Works

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Stuffed Deer And The Grammar Of Mistakes, Daniel B. Yeager 2017 California Western School of Law

Stuffed Deer And The Grammar Of Mistakes, Daniel B. Yeager

Daniel B. Yeager

Impossible attempts were first officially recognized as non-criminal in 1864, the idea being that a person whose anti-social bent poses no appreciable risk of harm is no criminal.

To reassure myself the subject doesn’t “smell of the lamp,” I tapped “impossibility” into Westlaw, which designated nearly 1500 criminal cases as on point, 900 or so more recent than 1999. Impossible attempts thus turn out to be not merely a professorial hobby horse, but instead, expressive of a non-trivial tension between risk-taking and harm-causing within the very real world of criminal litigation.

Although it is now hornbook that impossible attempts ...


Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager 2017 California Western School of Law

Fiduciary-Isms: A Study Of Academic Influence On The Expansion Of The Law, Daniel B. Yeager

Daniel B. Yeager

Fiduciary law aspires to nullify power imbalances by obligating strong parties to give themselves over to servient parties. For example, due to profound imbalances of legal know-how, lawyers must as fiduciaries pursue their clients’ interests, not their own, lest clients get lost in the competitive shuffle. As a peculiar hybrid of status and contract relations, politics and law, compassion and capitalism, fiduciary law is very much in vogue in academic circles. As vogue as it is, there remains room for my “Fiduciary-isms...”, a meditation on the expansion of fiduciary law from its origins in the law of trusts through partnerships ...


Stubbornness Of Pretexts, Daniel B. Yeager 2017 California Western School of Law

Stubbornness Of Pretexts, Daniel B. Yeager

Daniel B. Yeager

This Article will reflect on (1) how the Whren v. United States failure to acknowledge what counts as a pretext accounts for the residual confusion as to whether or not Whren really has killed off the pretext argument in constitutional criminal procedure, and (2) the extent to which the Court in Sullivan compounded that failure, which I hope to lightly correct here by distinguishing motives from intentions and then by elaborating the role that each plays, or at least should play, in Fourth Amendment jurisprudence.


Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager 2017 California Western School of Law

Marlowe's Faustus: Contract As Metaphor?, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager 2017 Selected Works

Categorical And Individualized Rights- Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager 2017 California Western School of Law

Search, Seizure And The Positive Law: Expectations Of Privacy Outside The Fourth Amendment, Daniel B. Yeager

Daniel B. Yeager

This Article is about the misunderstood relationship between the Fourth Amendment and the positive law. It shows how state property law and other expressions of the positive law are more resilient and useful to Fourth Amendment analysis than the Court's decisions of the past three decades recognize.


Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager 2017 California Western School of Law

Categorical And Individualized Rights-Ordering On Federal Habeas Corpus, Daniel B. Yeager

Daniel B. Yeager

This Article criticizes the Supreme Court's treatment of both individualized and categorical bases of relief on federal habeas corpus. Part I notes the Court's trend toward trimming the process that is due in criminal and prisoner litigation generally. This trend may explain the drop in process on habeas as well, but generally declining process cannot explain which rights, if any, should survive the decline. That would require our weighting, if not reconciling, accuracy and dignitary norms, which is the subject of Part II. In Part II, I examine Withrow v Williams, a case from the Court's 1992 ...


Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager 2017 California Western School of Law

Searches, Seizures, Confessions, And Some Thoughts On Criminal Procedure: Regulation Of Police Investigation -- Legal, Historical, Empirical, And Comparative Materials, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager 2017 California Western School of Law

Helping, Doing, And The Grammar Of Complicity, Daniel B. Yeager

Daniel B. Yeager

This essay is about the grammatical and, to a lesser extent, moral aspects of the law of complicity, which treats someone who helps someone else commit a crime as though the helper himself committed the crime. The point I hope to make here is similar to the one Professor Phillip Johnson made about what he called "the unnecessary crime of conspiracy."


Dangerous Games And The Criminal Law, Daniel B. Yeager 2017 California Western School of Law

Dangerous Games And The Criminal Law, Daniel B. Yeager

Daniel B. Yeager

This essay means to correct the ways in which the law of homicide deals with lucky winners or survivors of dangerous games that end in the deaths of unlucky (dead) "losers" or even unluckier non-participants. Drag racing and Russian roulette are my focus, not only because they are so frequently litigated, but also because most other (unlawful) excessive risk-taking ventures are not, grammatically, what we mean when we say "game." It is not so much my intention to evaluate the role that "moral luck" plays generally in the world or specifically in the criminal law. It is my position that ...


Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager 2017 California Western School of Law

Public Safety Exception To Miranda Careening Through The Lower Courts, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager 2017 California Western School of Law

Overcoming Hiddenness: The Role Of Intentions In Fourth Amendment Analysis, Daniel B. Yeager

Daniel B. Yeager

This Article rehearses a response to the problems posed to and by the Supreme Court's attempts to work out the meaning and operation of the word "search." After commencing Part II by meditating on the notion of privacy, I take up its relation to the antecedent suspicion or knowledge that Fourth-Amendment law requires as a justification for all privacy invasions. From there, I look specifically at that uneasy relation in Supreme Court jurisprudence, which has come to privilege privacy over property as a Fourth Amendment value. From there, Part III reviews the sources or bases that can tell us ...


Rethinking Custodial Interrogation, Daniel B. Yeager 2017 California Western School of Law

Rethinking Custodial Interrogation, Daniel B. Yeager

Daniel B. Yeager

This Article attempts to resurrect a concept crucial to the Supreme Court lexicon. It is not, however, a police manual. This Article concerns itself solely with questions surrounding the admissibility of confessions, and in so doing, attempts to show that only a reconsideration of custodial interrogation can restore the "significant deprivations" language to the status granted it in Miranda v. Arizona.


Kahan On Mistakes, Daniel B. Yeager 2017 California Western School of Law

Kahan On Mistakes, Daniel B. Yeager

Daniel B. Yeager

No abstract provided.


Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile 2017 Notre Dame Law School

Some Observations On The Supreme Court's Use Of Property Concepts In Resolving Fourth Amendment Problems, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile 2017 Notre Dame Law School

Law And Governance Affecting The Resolution Of Academic And Disciplinary Disputes At Scottish Universities: An American Perspective, Fernand N. Dutile

Fernand "Tex" N. Dutile

No abstract provided.


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