Digital Commons Network^™

Bootleggers, Baptists, And Televangelists, Andrew P. Morriss

Faculty Scholarship

The history of tobacco regulation includes quite a few episodes of bootleggers-and-Baptists coalitions in the 1960s and 1970s. While there were sporadic efforts to suppress tobacco use almost from the time it appeared in Europe-- James I of England published A Counter-Blaste to Tobacco in 1604, denouncing smoking as "a custom loathsome to the eye, hateful to the nose, harmful to the brain, dangerous to the lung, and the black stinking fume thereof, nearest resembling the horribly Stygian smoke of the pit that is bottomless"-- serious regulatory efforts appeared in the United States only in the 1960s. Prior to then, …

Bare Justice: A Feminist Theory Of Justice And Its Potential Application To Crimes Of Sexual Violence In Post-Genocide Rwanda, Megan M. Carpenter

Faculty Scholarship

Within this Article I seek to develop a feminist legal theory of justice, by questioning the ability of traditional legal strategies to facilitate justice and identifying underlying principles that contribute to a more inclusive and holistic form of justice. Secondly, I apply this theory to the situation of women victims of sexual violence in post-genocide Rwanda, in an effort to explore how these principles can contribute to a realization of justice that empowers women.

In Part II of this Article, I seek to develop a set of principles underlying a feminist reconceptualization of justice. This endeavour is a three-step process: …

Bootleggers, Baptists &(And) Televangelists: Regulating Tobacco By Litigation, Bruce Yandle, Joseph A. Rotondi, Andrew P. Morriss, Andrew Dorchak

Faculty Scholarship

The bootleggers and Baptists public choice theory of regulation explains how durable regulatory bargains can arise from the tacit collaboration of a public-interest-minded interest group (the Baptists) with an economic interest (the bootleggers). Using the history of tobacco regulation, this Article extends the bootleggers and Baptists theory of regulation to incorporate the role of policy entrepreneurs like the state attorneys general and private trial lawyers who joined forces to regulate tobacco by litigation. We denominate these actors televangelists and demonstrate that they play a pernicious role in regulation.

The Article begins by showing how tobacco regulation through the 1980s fit …

The Necessity Of Economics: The Preferential Option For The Poor, Markets, And Environmental Law, Andrew P. Morriss

Faculty Scholarship

Markets and economic theory are often cast as the enemies of both the poor and environmental quality. This paper, part of the Peace with Creation symposium held at the St. Thomas School of Law in Minneapolis, argues that economics provides a necessary, but not sufficient, tool to address the problems of the poor and of improving environmental quality. The paper discusses ten propositions of economic theory and explains how each applying them results in both improvements in environmental quality and in the lot of the poor. The paper then briefly examines three examples of how applying the lessons of economics …

Neuroethics Of Neuromarketing, Emily Murphy, Judy Iles, Peter B. Reiner

Faculty Scholarship

No abstract provided.

Contrasting Effects Of Selective Lesions Of Nucleus Accumbens Core Or Shell On Inhibitory Control And Amphetamine-Induced Impulsive Behaviour, Emily Murphy, Emma S.J. Robinson, David E.H Theobald, Adam C. Mar, Trevor W. Robbins, Jeffrey W. Dalley

Faculty Scholarship

No abstract provided.

Doctrines Without Borders: The New Israeli Exclusionary Rule And The Challenges Of Legal Transplantation, Binyamin Blum

Faculty Scholarship

No abstract provided.

Neuroimaging And Disorders Of Consciousness: Envisioning An Ethical Research Agenda, Emily Murphy, Joseph J. Fins, Judy Iles, James L. Bernat, Joy Hirsch, Steven Laureys

Faculty Scholarship

No abstract provided.

Brain Images As Legal Evidence, Emily R. Murphy, Teneille R. Brown, Adina Roskies, Walter Sinnott-Armstrong

Faculty Scholarship

No abstract provided.

The Architecture Of Charities’ Commercial Activities - Structural Reactions: Basic Structures, Stephen Schwarz

Faculty Scholarship

No abstract provided.

Impeachment With Evidence Of Prior Convictions, Roger C. Park

Faculty Scholarship

No abstract provided.

The Implementation Of The One-Year Bar To Asylum, Karen Musalo, Marcelle Rice

Faculty Scholarship

No abstract provided.

The Transformation Of International Comity, Joel R. Paul

Faculty Scholarship

No abstract provided.

The Public Trust Doctrine, Environmental Human Rights, And The Future Of Private Property, David Takacs

Faculty Scholarship

No abstract provided.

The Restructuring Of Legal Education Along Functional Lines, William K.S. Wang

Faculty Scholarship

No abstract provided.

Conceptual Hurdles To The Application Of Atkins V. Virginia, Lois A. Weithorn

Faculty Scholarship

No abstract provided.

Cooper V. Aaron And The Faces Of Federalism, Ashutosh Bhagwat

Faculty Scholarship

No abstract provided.

Scientific Realism In Constitutional Law, David L. Faigman

Faculty Scholarship

No abstract provided.

A Matter Of Fit: The Law Of Discrimination And The Science Of Implicit Bias, David L. Faigman, Nilanjana Dasgupta, Cecilia L. Ridgeway

Faculty Scholarship

No abstract provided.

How Law Thinks Of Disobedience Perceiving And Addressing Desertion And Conscientious Objection In Israeli Military Courts, Hadar Aviram

Faculty Scholarship

No abstract provided.

Maximizing Rights The One State Solution To The Palestinian-Israeli Conflict, George Bisharat

Faculty Scholarship

No abstract provided.

A Darwinist View Of The Living Constitution, Scott Dodson

Faculty Scholarship

No abstract provided.

Mandatory Rules, Scott Dodson

Faculty Scholarship

No abstract provided.

Patent And Antitrust Differing Shades Of Meaning, Robin Feldman

Faculty Scholarship

No abstract provided.

Global Climate Change: Water Supply Risks And Water Management Opportunities, Brian E. Gray

Faculty Scholarship

No abstract provided.

Dedication, Brian E. Gray

Faculty Scholarship

No abstract provided.

Gentlemen Under Fire: The U.S. Military And "Conduct Unbecoming", Elizabeth L. Hillman

Faculty Scholarship

No abstract provided.

Conceptualizing Complicity In Alien Tort Cases, Chimène Keitner

Faculty Scholarship

No abstract provided.

Duty To The Unborn: A Response To Smolensky, Jaime S. King

Faculty Scholarship

No abstract provided.

Predicting Probability: Regulating The Future Of Preimplantation Genetic Screening, Jaime S. King

Faculty Scholarship

No abstract provided.