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Full-Text Articles in Law
Regulation With Placebo Effects, Anup Malani
Regulation With Placebo Effects, Anup Malani
Duke Law Journal
A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and …
Uniformity And Diversity In Payment Systems, Clayton P. Gillette, Steven D. Walt
Uniformity And Diversity In Payment Systems, Clayton P. Gillette, Steven D. Walt
Chicago-Kent Law Review
The rules governing the transfer of value between users of payment systems differ among payment systems. Rules allocating loss from unauthorized payment, erroneous payment, and the reversibility of payment vary according to whether payment is made by check, credit or debit card, wholesale wire transfer, or letter of credit. Thirty-five years after the New Payments Code failed to attract enough support to become law, academics and practitioners recently have proposed that payment system rules be uniform. This Article rejects this initially attractive position. It argues that the optimal standardization of payment system rules allows diverse rules among payment systems. The …
Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky
Law And Online Social Networks: Mapping The Challenges And Promises Of User-Generated Information Flows, Tal Z. Zarsky
Fordham Intellectual Property, Media and Entertainment Law Journal
No abstract provided.
The Globalization Of Health And Safety Standards: Delegation Of Regulatory Authority In The Sps Agreement Of The 1994 Agreement Establishing The World Trade Organization, Tim Buthe
Law and Contemporary Problems
Buthe examines why states delegated regulatory authority in the Agreement on the Application of Sanitary and Phytosanitary (SPS) Measures, an integral part of the founding treaty of the World Trade Organization (WTO). Buthe argues that, to explain this case of international delegation, principal-agent theory must be complemented by an analysis of cost-benefit calculations of the relevant domestic interest groups. Given these domestic interests, governments decided to institutionalize international cooperation on SPS measures outside of the WTO because they believed that such delegation would minimize the political costs of the loss of policymaking autonomy. Buthe notes, however, that in retrospect it …
Do You Want To Bet Your Children's Health On Post-Market Harm Principles - An Argument For A Trespass Or Permission Model For Regulating Toxicants, Carl F. Cranor
Villanova Environmental Law Journal
No abstract provided.
Opening The Door: Crowe V. Tull And The Application Of The Colorado Consumer Protection Act To Attorneys, Daniela Ronchetti
Opening The Door: Crowe V. Tull And The Application Of The Colorado Consumer Protection Act To Attorneys, Daniela Ronchetti
University of Colorado Law Review
In Crowe v. Tull, the Colorado Supreme Court held that the Colorado Consumer Protection Act ("CCPA") applies to attorneys. Putting consumers of legal services on par with consumers in other industries, the decision opened a new avenue of recovery in attorney-client disputes. This Note explores the ramifications of Crowe for attorneys and their clients. Specifically, the Note analyzes the elements of a CCPA claim and their interpretation by the courts and argues that in most cases, a client will not be able to successfully pursue a CCPA claim against his or her attorney. Particularly, a client will have difficulty proving …
Developing An Antitrust Injury Requirement For Injunctive Relief That Reflects The Probability Of Anticompetitive Harm, Yavar Bathaee
Developing An Antitrust Injury Requirement For Injunctive Relief That Reflects The Probability Of Anticompetitive Harm, Yavar Bathaee
Fordham Journal of Corporate & Financial Law
No abstract provided.