Digital Commons Network^™

The Politics Of Regulatory Enforcement And Compliance: Theorizing And Operationalizing Political Influences, Jodi L. Short

Faculty Scholarship

There is broad consensus in the literature on regulatory enforcement and compliance that politics matters. However, there is little scholarly convergence on what politics is or rigorous theorization and empirical testing of how politics matters. Many enforcement and compliance studies omit political variables altogether. Among those that address political influences on regulatory outcomes, politics has been defined in myriad ways and, too often, left undefined. Even when political constructs are explicitly operationalized, the mechanisms by which they influence regulatory outcomes are thinly hypothesized or simply ignored. If politics is truly as important to enforcement and compliance outcomes as everyone in …

The Cancer Curse: Regulatory Failure By Success, Robin C. Feldman

Faculty Scholarship

Since the turn of the millennium, a series of regulatory decisions—unrelated in time and design—has shifted the focus of the pharmaceutical industry toward cancer research and treatment. Regulation, of course, is designed to drive public and private behavior, but the sum of these regulatory actions is driving behavior well beyond governmental design. This phenomenon represents a peculiar form of regulatory failure that cannot be sufficiently explained without contemplating a new form of regulatory failure—failure by success.

As with any great epic tale, the modern saga is full of celebrities and drama, framed by truly heart-wrenching stories. However, with 89 percent …

Viral Licensing: Ensuring The Public Interest When Taxpayers Fund Pharmaceutical Research, Robin C. Feldman, Betty Chang Rowe, Rabiah Oral

Faculty Scholarship

In recent years, the nation's drug development and delivery system has loomed in the forefront of pressing policy concerns. This piece suggests a relatively simple pathway that could provide opportunities for progress with aspects of the problem. Through the addition of a few choice provisions in their licensing agreements, research universities could improve consumer choices and access to the drugs developed with their government-funded research. Looking at the entire drug development system, universities play a complex set of roles. They are both the keepers of the academic flame and the stewards of public money. Beyond that, universities also may benefit …

An Unappreciated Constraint On The President's Pardon Power, Aaron J. Rappaport

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

Comment On Griffith’S Deal Insurance: The Continuing Scramble Among Professionals, Abraham Cable

Faculty Scholarship

In his recent article, Professor Sean Griffith observes a substantial market. Increasingly, buyers and sellers replace traditional deal terms with an insurance product—representation and warranty insurance (“RWI”). This essay considers how this new product and the insurance professionals who sell and underwrite it affect the traditional role of M&A lawyers. It concludes that RWI, in its present form, does not substantially encroach on the traditional role of M&A lawyers. But it also notes that representations and warranties are ripe for technological innovation and that insurance professionals may be better positioned then lawyers to seize the opportunity.

Social Enterprise Lawyering, Alina S. Ball

Faculty Scholarship

No abstract provided.

To Litigate A Pandemic: Cases In The United States Against China And The Chinese Communist Party And Foreign Sovereign Immunities, Chimene Keitner

Faculty Scholarship

No abstract provided.

Coequal Federalism And Federal-State Agencies, Dave Owen, Hannah Jacobs Wiseman

Faculty Scholarship

Dividing authority between the federal government and the states is central to the theory and practice of federalism. Division is the defining feature of dual federalism, which dominates the U.S. Supreme Court’s federalism jurisprudence. Recent academic theories of federalism emphasize overlap and interaction but still assume that federal and state actors will work within separate institutions. Each approach can be problematic, yet assumptions of separation remain the bedrock of federalism. This Article discusses a different form of federalism: coequal federalism. Under coequal federalism, federal- and state-appointed officials collaborate within a single agency that makes decisions binding on the federal government …

Digging The Rabbit Hole, Covid-19 Edition: Anti-Vaccine Themes And The Discourse Around Covid-19, Tara C. Smith, Dorit R. Reiss

Faculty Scholarship

This article draws on a broadcast popular among the anti-vaccine community to map out six themes used by the broadcast to mislead viewers about COVID-19. The themes are the claim that “they” e government and pharma e are lying to you, claims that COVID-19 is an excuse to remove civil liberties, viewing everyone as an expert, claiming that science cannot save us, skewing the science, and a claim that “they” are out to harm the viewers. The article points out that similar themes are used to mislead followers with anti-vaccine information. It highlights the concern that these themes will not …

Progressive Punitivism: Notes On The Use Of Punitive Social Control To Advance Social Justice Ends, Hadar Aviram

Faculty Scholarship

No abstract provided.

Moral Character: Making Sense Of The Experiences Of Bar Applicants With Criminal Records, Hadar Aviram

Faculty Scholarship

No abstract provided.

Tax Macs: A Study Of M&A Termination Rights Triggered By Material Adverse Changes In Tax Law, Heather M. Field

Faculty Scholarship

A "Tax MAC" provision-one that triggers termination or other rights upon a material adverse change in tax law-can be crucial to a business deal if a change in tax law would change a party's interest in consummating the deal, particularly at the specified price and on the articulated terms. Tax MAC provisions may be particularly important when taxpayers make busi­ness decisions in a political climate like today's, when tax laws could change again, perhaps dramatically, if control of Congress and the White House changes. Yet little has been written about Tax MAC provisions. In response, I studied Tax MAC provisions …

Providing Adolescents With Independent And Confidential Access To Childhood Vaccines: A Proposal To Lower The Age Of Consent, Lois A. Weithorn, Dorit R. Reiss

Faculty Scholarship

The recent rise in rates of nonvaccination and vaccine-preventable diseases and the attendant risks to the public’s health require that lawmakers consider new policy solutions. This Article proposes one such solution. We recommend creation of a limited exception to parental decisionmaking authority by permitting certain older minors to provide legally binding consent for childhood vaccinations and protecting the confidentiality of minors who request vaccination. We analogize this proposed policy to other statutory exceptions that permit certain minors independent access to services relating to contraception, pregnancy, sexually transmitted diseases, mental health and substance abuse, and sexual assault. In this interdisciplinary paper, …

President’S Report For August 1, 2019 To July 31, 2020

Jackson Purchase Historical Society Journal Archive

President’s Report for August 1, 2019 to July 31, 2020

William H. Mulligan, Jr.

Professor Lonnie E. Maness: From The Cotton Fields To The Classroom

Jackson Purchase Historical Society Journal Archive

Professor Lonnie E. Maness: From the Cotton Fields to the Classroom

David L. Maness

Making Time For Food When ‘Doing Time’; How Enhanced Status Prisoners Counter The Indignity Of Prison Foodways, Julie M. Parsons

School of Law, Humanities and Social Sciences

In contemporary neo-liberal societies, forms of responsible individualism and approaches to everyday foodways that reify healthy home-cooked food prepared from scratch, eaten together around a table are imbued with high cultural capital. What are the implications of this for criminalised individuals incarcerated in a prison system in England and Wales, that works with extremely low budgets, makes heavy use of pre-packaged convenience food and serves food to prisoners in their cells? Indeed, findings from Her Majesty's Inspectorate for Prison Report on food (2016:13), claims that ‘the quantity and quality of the food provided [in prison] is insufficient, and the conditions …

Bjc Today

BJC Today

No abstract provided.

Disquiet Depictions, Olivia L. Oddo

Graduate Theses, Dissertations, and Problem Reports (ETD)

This written document is the accompanying thesis for my Master of Fine Arts exhibition - Disquiet Depictions. Presented within the exhibition was a collection of paintings, ranging from acrylic to mixed media. As someone living with both anxiety and panic disorder the symptoms that I have experienced, as well as the coping mechanisms that I have practiced, all influenced the paintings displayed within this exhibition. Imagery included self-portraiture across a variety of emotional expressions felt during moments of sporadic fear and happiness, vibrant geometric patterns serving therapeutic purposes, and subtle medication symbolism. Collectively, these paintings provide a visual journey into …

The 2014 West Virginia Elk River Chemical Leak: A Case Study Of Respiratory Health Disparities And Drinking Water Contamination, Maya Nye

Graduate Theses, Dissertations, and Problem Reports (ETD)

This case study supplements existing data with original analysis to address environmental pollution burden and health effects not previously examined from the 2014 Freedom Industries Elk River chemical leak in West Virginia. Comparisons were made between the peer-reviewed literature, governmental disaster management practices implemented during the leak, and alternative human health assessment models to determine whether the evidence relied upon for decision-making was adequate for protecting public health, minimizing health disparities and increasing health equity. An emphasis was placed on understanding how the state and federal government approached human health hazard assessment and health outcome reporting, particularly of socially vulnerable …

A Contemporary Tale Of Two Countries - State Of Children In India And Pakistan, Arijit Ray

Graduate Theses, Dissertations, and Problem Reports (ETD)

Some common economic problems of the Indian subcontinent are its low per-capita income, major dependence on agriculture, heavy population pressure, chronic unemployment, slow capital formation, limited opportunity for human capital development, rising pollution, and heavy inequality in the wealth distribution. Each of these problems affects its children in its unique way, both directly and indirectly. However, some problems are human-made which directly affect its own existence. I focus on two countries in the Indian subcontinent: India and Pakistan, where such problems exist. In both societies, female children are valued less than male children, a common theme across many other countries …

To Object Or Not Object, That Is The Question: A Criminal Law Practitioner's Guide To The "Five W'S" Of Evidentiary Objections, Jonathan J. O'Konek

North Dakota Law Review

No abstract provided.

The Mayflower Compact: Celebrating Four Hundred Years Of Influence On U.S. Democracy, Julia L. Ernst

North Dakota Law Review

No abstract provided.

Real Property - Eminent Domain: Assessing The Takings Clause And Ending The State-Litigation Requirement, Ashley Vander Wal

North Dakota Law Review

No abstract provided.

Rethinking Cash Bail In Cass County, Dane Dekrey

North Dakota Law Review

No abstract provided.

Reasonable Doubt Ratcheting: How Jurors Adjust The Standard Of Proof To Reach A Desired Result, Michael Conklin

North Dakota Law Review

No abstract provided.

Looking To Peers: Transjudicial Citations Behavior Among State Supreme Courts, Jonathan S. Hack

North Dakota Law Review

No abstract provided.

Mental Health And The Character And Fitness Examination: The Tide Is Shifting, Kristen Clow

North Dakota Law Review

No abstract provided.

North Dakota Supreme Court Review, North Dakota Law Review Associate Editors

North Dakota Law Review

No abstract provided.

The North Dakota Constitution: An Original Approach Since 1889, Jerod Tufte

North Dakota Law Review

No abstract provided.

100 Years Of Women's Suffrage: Celebrating Pilgrims On The Journey For Equality-One Step At A Time, Katie Carpenter, Lisa Fair Mcevers

North Dakota Law Review

No abstract provided.