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Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson 2010 University of Kentucky College of Law

Drug Law Reform—Retreating From An Incarceration Addiction, Robert G. Lawson

Law Faculty Scholarly Articles

Now, thirty years into the "war on drugs," views about the law's reliance on punishment to fix the drug problem are less conciliatory and more absolute: "[t]he notion that 'the drug war is a failure' has become the common wisdom in academic ... circles." Those who have most closely studied the results of the "war" believe that it has "accomplished little more than incarcerating hundreds of thousands of individuals whose only crime was the possession of drugs." More importantly, they believe that it has had little if any effect on the drug problem: "Despite the fact that the number ...


The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness 2010 University of Kentucky College of Law

The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness

Law Faculty Scholarly Articles

On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription ...


The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner 2010 University of Chicago

The Rights Of Migrants: An Optimal Contract Framework, Adam B. Cox, Eric A. Posner

Journal Articles

Why do migrants enjoy some of the rights associated with citizenship? Existing accounts typically answer this question in terms of obligation-of a duty on the part of states to confer citizenship. Moreover, scholars tend to lump together the rights conventionally associated with citizenship when they answer this question. In contrast, this Article disaggregates the rights associated with citizenship, asks what both states and migrants want, and inquires into how the suite of rights associated with citizenship might advance those interests. States want to encourage migrants to enter their territory and to make country-specific investments, but states also have an interest ...


How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein 2010 University of Chicago

How To Undermine Tax Increment Financing: The Lessons Of City Of Chicago V. Prologis, Richard A. Epstein

Journal Articles

This Article examines the appropriate level of constitutional protection against outside governments that condemn property located within a given local municipality that uses tax increment financing (TIF) to fund local improvements The standard TIF arrangement does not provide the TIF lenders with liens against any particular asset, because to do so would be to abandon the tax-exempt status of the municipal bonds that are issued. Yet these agreements guarantee that the local government that issued the bonds will take no steps to compromise their repayment from (incremental) tax dollars. These protections allow TIF bonds to trade in ordinary financial markets ...


Bill Clinton's Parting Pardon Party, Albert W. Alschuler 2010 University of Chicago Law School

Bill Clinton's Parting Pardon Party, Albert W. Alschuler

Journal Articles

No abstract provided.


Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter 2010 University of Chicago

Foundations Of Religious Liberty: Toleration Or Respect?, Brian Leiter

Journal Articles

No abstract provided.


Ambiguous Statutes, Saul Levmore 2010 University of Chicago

Ambiguous Statutes, Saul Levmore

Journal Articles

No abstract provided.


Booker Reconsidered, Jonathan Masur 2010 University of Chicago

Booker Reconsidered, Jonathan Masur

Journal Articles

No abstract provided.


Eastphalia As The Perfection Of Westphalia, Tom Ginsburg 2010 University of Chicago

Eastphalia As The Perfection Of Westphalia, Tom Ginsburg

Journal Articles

No abstract provided.


What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon 2010 University of Chicago Law School

What Judges Think Of The Quality Of Legal Representation, Richard A. Posner, Albert H. Yoon

Journal Articles

Studying the legal profession poses several challenges. The evolution of law has moved lawyers away from a generalist practice towards increased specialization. This makes it difficult to compare lawyers across different practice areas meaningfully and to provide a comprehensive assessment of the legal profession. Judges are well situated to provide such an evaluation, given their experience and scope of cases. This Article reports the responses of federal and state judges to a survey we conducted in 2008. The questions relate to their perceptions of the quality of legal representation, generally and in criminal and civil cases; how the quality of ...


Judges As Honest Agents, Frank H. Easterbrook 2010 University of Chicago Law School

Judges As Honest Agents, Frank H. Easterbrook

Journal Articles

No abstract provided.


A Behavioral Approach To Human Rights, Andrew K. Woods 2010 University of Kentucky College of Law

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In ...


Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman 2010 University of Florida Levin College of Law

Sex In And Out Of Intimacy, Laura A. Rosenbury, Jennifer E. Rothman

UF Law Faculty Publications

The state has long attempted to regulate sexual activity by channeling sex into various forms of state-supported intimacy. Although commentators and legal scholars of diverse political perspectives generally believe such regulation is declining, the freedom to engage in diverse sexual activities has not been established as a matter of law. Instead, courts have extended legal protection to consensual sexual acts only to the extent such acts support other state interests, most often marriage and procreation. Although Lawrence v. Texas altered some aspects of that vision, it reinscribed others by suggesting that sexual activity should be protected from state interference only ...


Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood 2010 University of Chicago Law School

Constitutions And Capabilities: A (Necessarily) Pragmatic Approach, Diane P. Wood

Journal Articles

No abstract provided.


Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor 2010 University of Florida Levin College of Law

Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor

UF Law Faculty Publications

Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there may be legal theories for which the process of misappropriation may give rise to liability under international law as well as under developments in the domestic laws of the United States and Ecuador. The possible efficacy and legal coherence of ...


Recent Developments In Federal Income Taxation: The Year 2009, Martin J. McMahon Jr., Ira B. Shepard, Daniel L. Simmons 2010 University of Florida Levin College of Law

Recent Developments In Federal Income Taxation: The Year 2009, Martin J. Mcmahon Jr., Ira B. Shepard, Daniel L. Simmons

UF Law Faculty Publications

This article discusses, and provides context to understand the significance of, the most important judicial decisions and administrative rulings and regulations promulgated by the Internal Revenue Service and Treasury Department during 2008 – and sometimes a little farther back in time if the authors find the item particularly humorous or outrageous. Most Treasury Regulations, however, are so complex that they cannot be discussed in detail and, anyway, only a devout masochist would read them all the way through; just the basic topic and fundamental principles are highlighted. Amendments to the Internal Revenue Code generally are discussed to the extent that (1 ...


The Discursive Failure In Comparative Tax Law, Omri Y. Marian 2010 University of Florida Levin College of Law

The Discursive Failure In Comparative Tax Law, Omri Y. Marian

UF Law Faculty Publications

Tax comparatists tend to bemoan the grim status of their chosen field. Complaints are aimed both at the scarcity of decent comparative legal tax scholarship, and at the lack of a theoretical foundation for the study of comparative tax law. The purpose of this Article is to portray a more sanguine, yet critical, view of this field. Sanguine, since a sympathetic reading of contemporary comparative tax scholarship demonstrates that there is more than enough such scholarship to generate a lively debate on comparative tax works and their methodologies. Critical, since all of these works fail to produce even the faintest ...


Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki 2010 University of Florida Levin College of Law

Ten Federal Circuit Cases From 2009 That Veterans Benefits Attorneys Should Know, Paul R. Gugliuzza, Miguel F. Eaton, Sumon Dantiki

UF Law Faculty Publications

The Federal Circuit is the highest court to which veterans can appeal by right for benefits. In 2009, the Federal Circuit decided eighty-seven veterans cases (twelve percent of its overall docket). Twenty-six of those decisions were precedential opinions. There are approximately 23.4 million veterans in the United States, more than three million of whom receive disability compensation. And with two ongoing wars, plans to increase the size of the Army and Marine Corps, and recent legislation impacting the veterans claims process, the Federal Circuit will likely see an increase in veterans cases in the coming years.

Part I of ...


The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins 2010 University of Florida Levin College of Law

The Unblinking Eye Turns To Appellate Law: Cameras In Trial Courtrooms And Their Effect On Appellate Law, Mary E. Adkins

UF Law Faculty Publications

Over the past twenty years, most American courthouses have been wired with audio and video recording equipment to enhance security and economize on court reporting costs. These in-house alterations have an overlooked consequence for appeals. The mere existence of these recordings of all courtroom occurrences will unavoidably change the way appeals are handled and reviewed.

Appellate courts will need to make new types of decisions on whether to accept the audio-video recordings as appellate records or continue the reliance on transcripts and items entered into evidence. If the appellate courts do not accept audio-video recordings as appellate records, or if ...


It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don C. Peters 2010 University of Florida Levin College of Law

It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don C. Peters

UF Law Faculty Publications

This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial actors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adjudicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods.


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