Law Commons^™

Brief Of Amici Curiae National Health Law Program And National Network Of Abortion Funds, Yvonne F. Lindgren

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No abstract provided.

Shadow, Light And Darkness: Bankruptcy's Business In-Fact And Business In-Law Justification Test Under Sec. 363(B), Kenneth D. Ferguson

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In this article, Professor Ferguson addresses the problem of business debtors who avoid the reorganization process of Chapter 11 bankruptcy by instead selling their business under Bankruptcy Code § 363. There is concern that the sales are not producing the best and highest values. Professor Ferguson proposes a two part business in-fact and business in-law process that he believes will produce fairer and more optimal results.

Drowsy Driving Considerations In Non-Commercial Drivers For The Sleep Physician, Ann Marie Marciarille, Anand Bhat, David Ingram, Damien Stevens

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The sleep physician faces many challenges in the assessment of drowsy driving. The following article reviews current clinical evaluation methods and legal considerations at the state level in the United States.

Community Economic Development Is Access To Justice, Anthony J. Luppino, Scott L. Cummings, Edward W. De Barbieri, Christyne Vachon, Steven Henry Hobbs, Brian Kingsley Krumm, Anika Singh Lemar, Brandon M. Weiss, Robert J. Miller, K. Sabeel Rahman, Alexandra Sickler, Paul R. Tremblay

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What gaps exist in the justice system that result in a need for services provided by community economic development attorneys? What is the evidence that those gaps actually exist? How do we know that community economic development practitioners fill those gaps, and in what way? These are merely a few of the questions addressed in this collection. At the Association of American Law Schools (AALS) annual meeting in San Diego in January 2018, legal scholars gathered to discuss this evolution as part of the discussion group, “Community Economic Development Is Access to Justice.” The goal of the discussion group was …

The Art And Science Of The (Survival) Deal: The Role Of Administrative Agencies In Protecting The Public Against Unreasonable Risks, Irma S. Russell

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No abstract provided.

Introduction - Unprecedented: Deregulation, Executive Power, And Endangerment Of The Rule Of Law, Irma S. Russell

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No abstract provided.

Quadratic Voting And Blockchain Governance, Del C. Wright Jr.

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No abstract provided.

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

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A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

Recent Pto Guidance Charts A New Course Through The Patent Eligibility Quagmire, Christopher M. Holman

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In a span of four years, 2010-2014, the U.S. Supreme Court issued four decisions that have dramatically altered patent eligibility jurisprudence: Bilski, Mayo, Myriad, and Alice. Ever since Bilski was decided, the PTO has struggled to apply the new patent eligibility jurisprudence in a consistent and predictable manner. The two part framework for assessing patent eligibility, as set for in Alice and Mayo, is stated at a high level of abstraction, and the Supreme Court has given little concrete guidance as to how it is to be applied beyond the specific claims at issue in its precedent. At times, the …

Attorney As Accompagnateur: Resilient Lawyering When Victory Is Uncertain Or Nearly Impossible, Margaret Reuter

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Social justice lawyers come to the profession intending to make a difference through the instruments of law. And gloriously, they often make a difference in people’s lives for the better. They make our world a more just, compassionate, and tolerant place. But there is no denying that, in poverty law practice, legal success can be elusive, ephemeral, or perhaps a mirage. How does that lawyer feel when the legal remedies at her disposal, even if “successful,” fail to mitigate the injustices suffered by her clients? Are there definitions of professional satisfaction and success that are enduring, even if legal success …

Conquering The Elephant, Wanda Temm

Book Chapters

This chapter in Beyond One L: Stories About Finding Meaning and Making a Difference in Law discusses the bar exam, the challenges and endurance required to pass, the role professors play in preparing their students, and personal stories of attorneys and their myriad journeys conquering this beast.

Beyond One L features stories that explore first, second, and third year experiences as well as stories beyond law school on subjects including taking the bar, searching for judicial clerkships, practicing law, and leaving law practice to become a teacher or judge.

Ethics, Malpractice And Professional Liability In Family Law Cases: An Annotated Bibliography, 2013-2018, Allen K. Rostron

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No abstract provided.

Nuvo V. Dr. Reddy And The Patentability Of Prophetic Pharmaceutical Inventions Based On Unexplained Inventive Insight, Christopher M. Holman

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No abstract provided.

Terrorism Risk Insurance Act: Time To Renew . . . Or Rethink?, Jeffrey E. Thomas

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This paper summarizes the U.S. program for terrorism insurance, outlines its advantages and disadvantages, and describes the current proposals for extension of the program. The program, generally referred to as a “Federal Backstop,” functions in some ways that are similar to reinsurance, but it does not require participants to pay premiums ex ante. Instead uses an ex post recoupment mechanism to recover some or all of the Federal payments made under the program. This approach has the advantage of reducing the cost and increasing the availability of terrorism insurance. Some have criticized the program for its interference in market mechanisms, …

Introduction To The Symposium Issue: Blockchain Technology And The Law, Del C. Wright Jr.

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No abstract provided.

A Fractured International Response To Crispr-Enabled Gene Editing Of Agricultural Products, Christopher M. Holman

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In 2015, Science Magazine named CRISPR gene editing technology its “Breakthrough of the Year,” and for good reason. CRISPR represents a transformative advance in the ability of biotechnologists to edit genes and genomes in both humans and nonhuman organisms. This article begins with a discussion of recent advances in gene editing, including the development of CRISPR and other sequence-specific nucleases (SSNs), and how this new technology compares to other techniques for genetically modifying agricultural plants such as selective breeding, induced random mutagenesis, and, more recently, the use of recombinant technology to produce transgenic plants. It then turns to the complex …

We All Have Role In Protecting Our Justice System: Promoting Procedural Fairness, Steve Leben

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No abstract provided.

Interdisciplinary Projects-Based Community Entrepreneurship Courses, Anthony J. Luppino, Brandon Weiss

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No abstract provided.

Annotated Bibliography Of Selected Issues In Family Law: Addiction, Advance Healthcare Directives, The Uniform Parentage Act, And Self-Represented Litigants, Allen K. Rostron

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No abstract provided.

Discrimination By Design?, Naomi Cahn, June Carbone, Nancy Levit

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Platform world is speeding the redesign of employment. Bricks-and-mortar firms once hired through narrow portals and then invested in the workers they hired, providing job security and predictable career ladders. Platform world flings the doors wide open to income-generating efforts, providing new opportunities but also offering security and predictable advancement to almost no one.

Other legal scholars have mined these same data for gender disparities; they have found disparities in the platform economy arising from customer biases and individual preferences, and manifested in men’s and women’s different experiences in everything from pricing plumbing services to fraud prevention. Neutral-appearing algorithms may …

Roger Nash Baldwin And The St. Louis Civil Liberties Trail: Celebrating 100 Years Of The Aclu With Search For The Organization's Conceptual Founding, Patrick C. Brayer

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This article traces the role of Roger Nash Baldwin as a leading figure in the American civil liberties movement in the early twentieth century. In particular, the article highlights the central role of St. Louis in this history. At the advice of family friend Louis Brandeis, Baldwin moved to St. Louis to become a sociology professor at Washington University. At the time, St. Louis was a center of migration for African Americans escaping oppression in the South. The article traces a variety of geographical locations throughout St. Louis that were important to Baldwin’s development as a leader in the civil …

Gilead Sciences Sued For Failing To Bring A Follow-On Version Of Truvada To Market Sooner., Christopher M. Holman

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In 2012, the United States Food and Drug Administration (FDA) approved Truvada as the first drug for use in the prevention of HIV infection in healthy people who are at high risk of acquiring HIV through sexual activity. Developed and marketed by Gilead Sciences, Inc., Truvada is a fixed-dose combination of two antiretroviral compounds, tenofovir disoproxil fumarate (TDF) and emtricitabine. The World Health Organization (WHO) has identified both TDF and the combination of TDF and emtricitabine found in Truvada as “essential medicines.” In 2015, Gilead began marketing products containing tenofovir alafenamide fumarate (TAF) as a safer and more effective alternative …

Congress Considering Legislation Aimed At Increasing Competition In Pharmaceuticals, Christopher M. Holman

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The U.S. Congress is currently considering a large number of bills that would attempt to bring down drug prices by a variety or means, including some aimed at reform of certain patent-related aspects of the Hatch-Waxman Act and the Biologics Price Competition and Innovation Act of 2009 (BPCIA). This Article begins with a brief overview some key provisions of Hatch-Waxman and the BPCIA that have been targeted by these legislative initiatives. It then turns to a discussion of some specific bills currently being considered by Congress that would seek to promote greater competition in the market for pharmaceuticals by amendments …

Helsinn V. Teva: Lingering Ambiguity After The U.S. Supreme Court Holds The Aia Did Not Alter The On-Sale Bar To Patentability, Christopher M. Holman

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The American Innovation Act of 2011 (AIA) retained §102 of the pre-AIA Patent Act’s “in public use” and “on-sale” bars to patentability, but introduced an additional “or otherwise available to the public” category of prior art. Federal Circuit precedent pre-dating the AIA has held that, as a general matter, a sale or offer for sale can create an on-sale bar to patentability even if the sale or offer for sale is “secret” and does not render the invention available to the public. Some believed that the AIA’s introduction of the phrase “or otherwise available to the public” altered the meaning …

The Brandeis Thought Experiment: Reflection On The Elimination Of Racial Bias In The Legal System, Patrick C. Brayer

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This essay prompts the reader to engage in a thought experiment and consider their own limits in advancing the cause of; a legal system free from racism and bias, and lawyers are encouraged to use the experience of a young Louis Brandeis as a guide in this self-reflection. Specifically, this essay calls attention to the fact that Louis Brandeis started his legal career, at the same time when, and in the same place where thousands of African Americans were escaping persecution and traveling in search of economic and political freedom, yet he was publicly absent on issues of race. As …

Women, Rule-Breaking, And The Triple Bind, June Carbone, Naomi Cahn, Nancy Levit

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Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and unethical behavior, as the unintended consequences of efforts to shake up complacent institutions or replace an insular old guard with an ambitious and meritocratic new workforce. A second, darker literature terms such Hobbesian environments “masculinities contests” that select for those executives who best exemplify masculine traits such as a single-minded focus on professional success, physical strength, and the …

Rule Of Law With Asian Characteristics: Cultural Insights From The Occupy Central Movement In Hong Kong, Jeffrey E. Thomas

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No abstract provided.

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

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This Essay does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Essay identifies the causes of police complaint inefficiencies by critically-assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by better protecting complainant autonomy. Complainant autonomy, at least in this Essay, is defined as a real party in interest’s (i.e. an injured citizen’s) right to control how its allegations are framed by a nominal plaintiff (i.e. …