Digital Commons Network^™

Modern Bootlegging And The Prohibition On Fair Prices: Last Call For The Repeal Of Pharmaceutical Price Gouging, Luke W. Cleland

ExpressO

This article discusses the recent passage of the Medicare Prescription Drug, Modernization and Improvement Act of 2003, and the executive and judicial decisions affecting the ability of the general public to access foreign pharmaceutical markets. The article examines the recent actions taken by the U.S. government, explore various state movements within the United States aimed at reducing pharmaceutical drug prices, outline the process of pharmaceutical drug prices in foreign countries, and advocate for a workable integration of all available mechanisms to feasibly reduce prescription drug prices for the benefit of both U.S. consumers and U.S. drug companies. As avenues to …

Who Is The Real Target? Media Response To Controversial Investigative Reporting On Corporations, Chad Raphael, Lori Tokunaga, Christina Wai

Communication

In the past decade, corporate targets of American investigative reporting have deployed new legal and public relations counter‐attacks on journalists. Although corporations have largely directed their efforts at managing subsequent news coverage of these controversies, there has been no systematic study of how the rest of the media cover them. We examine elite print reaction to two investigative reports that were publicly challenged by their targets: ABC's 1992 Primetime Live report on Food Lion supermarkets and NBC's 1992 Dateline NBC story on General Motors' trucks. The case studies and content analyses of print coverage of these controversies suggest that greater …

Securing Truth For Power: Informational Strategy And Regulatory Policy Making, Cary Coglianese

ExpressO

No abstract provided.

Book Review: Analysis Of The Stockholm Convention On Persistent Organic Pollutants, Dru Stevenson

ExpressO

First book review of Marco Olsen's treatise, "Analysis of the Stockholm Convention on Persistent Organic Pollutants"

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

Overview Of Legal Systems In The Asia-Pacific Region: India, Navoneel Dayanand

Overview of Legal Systems in the Asia-Pacific Region (2004)

This article provides a general description of the legal system of India. It further discusses aspects of legal education and legal practice in that country.

What Is Fiscal Responsibility? Long-Term Deficits, Generational Accounting, And Capital Budgeting, Neil H. Buchanan

Rutgers Law School (Newark) Faculty Papers

This article assesses three basic approaches to assessing the future effects of the government’s fiscal policies: traditional measures of the deficit, measures associated with Generational Accounting, and measures derived from applying Capital Budgeting to the federal accounts. I conclude that Capital Budgeting is the best of the three approaches and that Generational Accounting is the least helpful. Acknowledging that there might be some value in learning what we can from a variety of approaches to analyzing fiscal policy, I nevertheless conclude that Generational Accounting is actually a misleading or--at best--empty measure of future fiscal developments. The best approach to providing …

The Cocaine Vaccine, Dru Stevenson

ExpressO

The controversial new cocaine vaccine (TA-CD) has the potential to be an extremely effective treatment tool for recovering addicts, but it also presents opportunities for non-therapeutic uses, such as preventing cocaine use in the first place. It is foreseeable that the cocaine vaccine could become a condition of parole or probation, or receiving welfare payments, or for employment in certain occupations. Universal vaccination is also a possibility but less likely for political reasons. This article investigates each of these areas of potential use. Any setting where mandatory drug testing is currently in place could become a venue for the vaccination. …

Thirst For Distinction? Abraham Lincoln's Political Ambition And The Emancipation Proclamation, Jasmine Thorne

ESSAI

No abstract provided.

Three Steps Forward, Two Steps Back: Tobacco Policy Making In Nebraska, Andrew Wessel, Jennifer Ibrahim, Stanton Glantz

United States Public Health Resources

EXECUTIVE SUMMARY

• In 2002, 22.7% of Nebraskans over the age of 18 were current smokers, accounting for

approximately 389,000 smokers.

• Since 1995, the prevalence of adult tobacco use in Nebraska has remained about 1 percentage

point below the national average, but per capita tobacco consumption in Nebraska has been falling

more slowly than the Unites States as whole.

• The tobacco industry has directly been a major political force in Nebraska through lobbying and

campaign contributions. The tobacco industry spent over $1,027,000 on lobbying from 1997-2002.

The tobacco industry made direct campaign contributions to the members of the …

The Undiscovered Country: Northern Views Of The Defeated South And The Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

In 1866, Harper's Weekly announced a new series of woodcuts of Southern life with the remark, "[t]o us the late Slave States seem almost like a newly discovered country." It is difficult for Americans in the Twenty-First Century, in a culture of cable news coverage and national newspapers, to appreciate just how mysterious the former Confederacy seemed to Northerners in the months after Appomattox. It was not simply that four years of war had made communication between the two halves of the nation difficult - though that was true, and both Northern and Southern society had changed during the searing …

Coverage For Cops: Should Injuries Sustained By Off-Duty Sheriff's Deputies In Their Patrol Cars Compensable Under The Workers' Compensation Act, Christina J. Catoe

South Carolina Law Review

No abstract provided.

The Nostalgic Turn And The Politics Of Ressentiment, Bill Reynolds

Georgia Educational Researcher

The Greatest Generation, Band of Brothers, We Were Soldiers, Nick at Night, and the confederate battle flag. We are looking backward, because looking forward is too problematic. We are living within a global conservative restoration, which has gained intensity since 9/11 and gained further solidification since the most recent elections. Ira Shor elaborated the concept of the conservative restoration in his text, Culture Wars: School and Society in the Conservative Restoration 1969-1984 (1986).

Getting People To Tolerate Bad Outcomes:, John R. Hibbing

Department of Political Science: Faculty Publications

No abstract provided.

Resurrecting The Press Clause, David A. Anderson

ExpressO

No abstract provided.

Courts As Forums For Protest, Jules Lobel

ExpressO

For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary’s role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The public law or structural reform litigation emphasized the judiciary’s role in implementing social change and not simply ordering private relationships.

The ongoing debate between these two views of the judicial role has obscured a third model of the role of courts in a democratic society; a model that has been ignored by legal scholars and viewed as illegitimate by some courts. That …

The Euro-American Bequeathals To Africa In The Opening Years Of The Twenty-First Century: Debt, Death, And Exploitation, Prexy Nesbitt

Rozell 'Prexy' Nesbitt Writings and Speeches

Prexy Nesbitt, a Chicago-based anti-apartheid activist and educator, delivered this talk at a Truman College Forum on Racism in Chicago, Illinois where he spoke about HIV/AIDS, African debt and poverty, African oil and exploitation. 4 pages.

Coming To Set Terms For Dci, Porcher L. Taylor Iii

School of Professional and Continuing Studies Faculty Publications

Senator and presidential contender John Kerry has loudly and critically clanged the intelligence-reform bell in President Bush's ears. Recently, Mr. Kerry proposed great expansion of the director of central intelligence's (DCI) authority over the National Security Agency, Defense Intelligence Agency and National Geospatial-Intelligence Agency. But true reform must first come with the DCI's emancipation from the White House through providing a 10-year term as a presidential appointee.

The Continuing Showdown Over Who Should Regulate Amusement Attraction Safety: A Critical Analysis Of Why Fixed-Site Amusement Attraction Safety Should Remain State-Governed. , Chad Emerson

ExpressO

No abstract provided.

Lords Of Democracy: The Judicialization Of "Pure Politics" In The United States And Germany, Russell A. Miller

Washington and Lee Law Review

No abstract provided.

Judicial Independence, William H. Rehnquist

University of Richmond Law Review

No abstract provided.

Enemies Foreign And Domestic: A Historical Look At The Use Of Military Commissions By The United States And The Case For Using Them Against American Citizens, James T. Barnett

ExpressO

An historical look at the use of Military Commissions by the United States of America. This article examines the constitutional powers to use Military Commissions as well as the limitations on such commissions.

It also examines the use of these commissions against American citizens and argues that they are proper in certain circumstances. The limitations set out by the Supreme Court are eroded to the point of being void.

The article goes on to examine the cases of John Walker Lindh and Yasser Hamdi to show that Military Commissions are the proper forum for such cases.

Mixed Signals: Reconsidering The Political Economy Of Judicial Deference To Administrative Agencies, Matthew C. Stephenson

ExpressO

This paper investigates rational choice explanations for patterns of Supreme Court decision-making with respect to the appropriate level of judicial deference to administrative agency decisions. In particular, I assess empirically the thesis that the Supreme Court expands deference when the Supreme Court is ideologically closer to the executive than to the circuit courts, and contracts deference when the opposite is true. I find little to no evidence supporting this "rational choice" theory of judicial deference. Given this surprising null finding, I offer alternative explanations for the data and suggest directions for future research.

The Effects Of Ballot Position On Election Outcomes, Jonathan G.S. Koppell, Jennifer A. Steen

Publications from President Jonathan G.S. Koppell

This article presents evidence of name-order effects in balloting from a study of the 1998 Democratic primary in New York City, in which the order of candidates' names was rotated by precinct. In 71 of 79 individual nominating contests, candidates received a greater proportion of the vote when listed first than when listed in any other position. In seven of those 71 contests, the advantage to first position exceeded the winner's margin of victory, suggesting that ballot position would have determined the election outcomes if one candidate had held the top spot in all precincts.

Is The End Of The War In Sight: An Analysis Of Canada’S Decriminalization Of Marijuana And The Implications For The United States “War On Drugs”, Kara Godbehere Goodwin

ExpressO

Discussion of marijuana decriminalization efforts by Canadian government and comparison of United States/Canadian drug legislation and healthcare. Public policy justifications are discussed as well as medical marijuana and effects of drug use on the two countries' prison and healthcare systems.

Rethinking Public Engagement In The Administrative State, Mariano-Florentino Cuellar

ExpressO

This Article presents an empirical, doctrinal, and theoretical critique of public engagement in the modern administrative state. The legitimacy of the administrative state depends on the claim that it provides opportunities for public engagement as well as a mechanism for expert scientific decisionmaking. A typical rulemaking proceeding lets experts make technical judgments about terrorism, transportation, or telecommunications subject to court review guarding against arbitrariness. The whole process is then enmeshed in a system that is supposed to provide engagement – and therefore democratic accountability -- through presidential appointments and control, congressional oversight, and the public notice-and-comment process. This existing approach …

Justice Harlan’S Law And Democracy, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

A Constitution For Everyone, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Locating The Transnational In Cambodia’S Dhammayātrā, Kathryn Poethig

SSGS Faculty Publications and Presentations

No abstract provided.

Race And Ethnicity, Rawls, Race, And Reason, Sheila R. Foster

Fordham Law Review

No abstract provided.