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Full-Text Articles in Law
Why The Dea & Not The Fda? Revisiting The Regulation Of Potentially Addictive Substances, Taleed El-Sabawi
Why The Dea & Not The Fda? Revisiting The Regulation Of Potentially Addictive Substances, Taleed El-Sabawi
Faculty Publications
In addressing the opioid overdose crisis, Congress has explicitly questioned its historic reliance on a criminal justice approach to problem drug use and has instead adopted a more health-oriented approach. Despite Congress' rhetoric, the DEA, a criminal justice agency, continues to retain the power to make key decisions on the classification of potentially-addictive substances, thereby affecting their manufacture, distribution, and overall availability. While the DEA is statutorily required to defer to the Food and Drug Administration (“FDA”), a public health agency, at junctions of the decision-making process, the current “split enforcement” scheme laid out in the statutes has not actualized …
Build The Wall And Wreck The System: Immigration Policy In The Trump Administration, Ediberto Román, Ernesto Sagás
Build The Wall And Wreck The System: Immigration Policy In The Trump Administration, Ediberto Román, Ernesto Sagás
Faculty Publications
No abstract provided.
Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman
Concepts, Not Nomenclature: Universal Injunctions, Declaratory Judgments, Opinions And Precedent, Howard Wasserman
Faculty Publications
Battle lines are drawn on the permissibility and validity of injunctions in federal constitutional litigation purporting to halt government enforcement of a challenged law against all possible targets of that law and to protect all rights holders against enforcement. Courts, members of the Supreme Court, and legal scholars are divided — some supporting and others rejecting them as impermissible.; I have staked my position in the latter camp.
From that starting point, this paper considers three subsidiary issues: 1) the proper label for these injunctions, arguing that “universal” or “non-particularized” is a more accurate term than the prevailing “nationwide”; 2) …
Precedent, Non-Universal Injunctions, And Judicial Departmentalism: A Model Of Constitutional Adjudication, Howard Wasserman
Precedent, Non-Universal Injunctions, And Judicial Departmentalism: A Model Of Constitutional Adjudication, Howard Wasserman
Faculty Publications
This Article proposes a model of constitutional adjudication that offers a deeper, richer, and more accurate vision than the simple “courts strike down unconstitutional laws” narrative that pervades legal, popular, and political discourse around constitutional litigation. The model rests on five principles:
1) an actionable constitutional violation arises from the actual or threatened enforcement of an invalid law, not the existence of the law itself;
2) the remedy when a law is constitutionally invalid is for the court to halt enforcement;
3) remedies must be particularized to the parties to a case and courts should not issue “universal” or “nationwide” …
Mphaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Mphaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Faculty Publications
Federal parity laws, and their state equivalents, have been shown to increase access to substance use disorder (SUD) treatment, by decreasing the cost of SUD treatment borne by the insured, and has resulted in little increase in health plan costs. Despite these improvements, the effects of parity on access to SUD treatment have been lower than expected. Recent reports suggest that states have varied in their enforcement parity, failures which may explain why persons surveyed still report having inadequate insurance coverage for SUD treatment despite the parity legislation. While other articles have offered suggestions for improving parity, most have lumped …
Glencore I: Adopting Stabilization Clauses In Investment Contracts And Seeking Non-Pecuniary Remedies In Investment Arbitration Still Makes Sense Glencore International A.G. And C.I. Prodeco S.A. V. Republic Of Colombia (Icsid, Case No. Arb/16/6), Gilberto A. Guerrero-Rocca
Glencore I: Adopting Stabilization Clauses In Investment Contracts And Seeking Non-Pecuniary Remedies In Investment Arbitration Still Makes Sense Glencore International A.G. And C.I. Prodeco S.A. V. Republic Of Colombia (Icsid, Case No. Arb/16/6), Gilberto A. Guerrero-Rocca
Faculty Publications
No abstract provided.