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Full-Text Articles in Law
... Because "Yes" Actually Means "No": A Personalized Prescriptive To Reactualize Informed Consent In Dispute Resolution
Marquette Law Review
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12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards
12 Angry Men V. The Agency: Why Preemption Should Resolve This Conflict In Drug Labeling Litigation, Michelle L. Richards
Marquette Law Review
The Supreme Court has found in favor of preemption in tort liability cases involving matters of heavy federal regulation in which Congress has delegated implementation of a statute involving technical subject matter to the agency. It has not been the case, however, in matters concerning the labeling of prescription drugs, despite the fact that the FDA has exclusively regulated drug labeling for more than a century. In fact, the current state of affairs now allows a jury to substitute the judgment of the FDA in approving a label on a name-brand drug for their own in state law failure to …
The Call To Witness: Historical Divides, Literary Narrative, And The Power Of Oath, Nancy Cook
The Call To Witness: Historical Divides, Literary Narrative, And The Power Of Oath, Nancy Cook
Marquette Law Review
A decade ago, in her book, Narrative, Authority and Law, Robin West posed these questions: How might we develop a moral sensibility with which to criticize law that is independent of the influence of law? How should we criticize law from a moral point of view, given the influence of law over our moral beliefs? What is the role of narrative in this enterprise?
The “Call to Witness” is an entreaty to look to narratives as acts of witness for a partial answer to these questions. Narratives bring to light the real conflicts underlying court cases and law, the motives …