Law Commons^™

Off-Label Speech, David A. Simon

Emory Law Journal

This Article argues that the Food and Drug Administration (“FDA”) should regulate drug manufacturer speech about off-label uses based on the evidentiary support for the relevant use. The more evidence that an off-label use is safe and effective, the less restrictive the regulation should be. The less evidence that an off-label use is safe and effective, the more restrictive the regulation should be. Although intuitive, this is not exactly how current regulation of off-label information works. If the FDA approves a drug, the manufacturer can advertise to doctors and patients for the approved indication. Drug manufacturers cannot, however, promote or …

How They Get Away With Murder: The Intersection Of Capital Punishment, Prosecutor Misconduct, And Systemic Injustice, Rushton Davis Pope

Emory Law Journal

Black defendants are executed at a disproportionately high rate, an injustice quietly persisting in the shadow of America’s dark history of slavery and Jim Crow. While a variety of intersectional factors have perpetuated this injustice, the role of prosecutors who commit misconduct to secure a conviction is significant. Defendants are presumed innocent until proven guilty, but when the prosecutors who carry the burden of proving that guilt choose not to play by the rules, they wantonly and recklessly embrace the risk of convicting—even killing—an innocent person.

This Comment focuses on two primary forms of prosecutor misconduct: Batson violations that occur …

Jackpot! The Gambler’S Chance To Win Big Through Rico: The Definitive Argument Of Liability Against The Gambling Industry, Anna Lu

Emory Law Journal

Compulsive gamblers and their family members have had a long, unsuccessful history of lawsuits against the gambling industry in the United States. With the emergence of online gambling and sports betting, the gambling industry is becoming less and less regulated, preying on compulsive gamblers and nurturing their addiction for profit. Although gambling is diagnosed as a legitimate addiction disorder in medicine, the law has been slow and even reluctant to recognize and grant legal protection to addicted gambler plaintiffs. However, the recent wave of litigation brought against a similar addiction-for-profit industry, the opioid industry, seems to suggest there is an …