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Articles 1 - 7 of 7
Full-Text Articles in Law
Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson
Higher First Amendment Hurdles For Public Health Regulation, Kevin Outterson
Faculty Scholarship
In 2007, Vermont enacted the Prescription Confidentiality Law, prohibiting pharmacies from selling “prescriber-identifiable” prescription information to data-mining companies such as IMS Health and Verispan. These companies aggregate such data and sell them to many groups, including drug companies, so when drug sales representatives visit a physician, they can know exactly what prescriptions the physician has written.
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Reassembling The Legal: The Wonders Of Modern Science In Court-Related Proceedings, Richard Mohr, Francesco Contini
Faculty of Law - Papers (Archive)
The article analyses the ways in which technology and law disperse, channel and reassemble agency in ICT-enabled legal proceedings. It works from case studies of online civil claims in England and Italy, and the automatically issued speed camera fine process in Australia. Information and communication technologies affect legal procedures in three dimensions: legitimacy, efficacy and performativity. The law can legitimate ensembles of technological and performative procedures, but it cannot construct them by regulation. Technology is a distinct regulative regime that opens some channels of communication while closing others. Machines and software codes identify and admit participants and direct human activity. …
Smoking And The First Amendment, Kevin Outterson
Smoking And The First Amendment, Kevin Outterson
Faculty Scholarship
On June 22, 2009, President Barack Obama signed the Family Smoking Prevention and Tobacco Control Act into law. For the first time, Congress had given the Food and Drug Administration (FDA) authority to directly regulate tobacco products, with the aim of improving public health. And indeed, effective tobacco control would be a remarkable public health achievement — and might be possible if the law is allowed to stand. But on November 7, 2011, a federal judge in Washington, D.C., issued a preliminary injunction blocking some of its key provisions as unconstitutional restrictions on commercial speech, and the battle seems likely …
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
A Cautionary Tale On Arbitral Authority: Judges, Arbitrators And The Stolt-Nielsen Decision, William W. Park
Faculty Scholarship
Few matters prove as slippery as the allocation of tasks between judges and arbitrators in commercial disputes. A choice to arbitrate implicates waiver of access to otherwise competent courts in favor of adjudication which is both private and binding. Respect for this bargain means that judges should not normally disturb an arbitrator’s substantive conclusions.
What Is Wrong About Wrongdoing, Anthony J. Sebok
What Is Wrong About Wrongdoing, Anthony J. Sebok
Articles
This short article, which was prepared for a conference on civil recourse theory at Florida State University School of Law, asks whether Blackstone’s rejection of maintenance is inconsistent with the theoretical commitments of modern civil recourse theory. Blackstone strongly believed that third parties should not help victims of wrongdoing discover that they have been wronged, this article asks whether modern civil recourse theory is committed to the position (now in retreat throughout common law nations) that third parties who help strangers’ lawsuits are acting against the public interest (or, as Blackstone put it, are “pests of society . . . …
The Procedure Of Election Law In Federal Courts, Joshua A. Douglas
The Procedure Of Election Law In Federal Courts, Joshua A. Douglas
Law Faculty Scholarly Articles
Election law scholars have paid scant attention to the different procedures by which courts decide election law cases. Further, there has been little exploration of the reasons why certain processes exist, and there is even less discussion of which procedures are best for election law cases. One commentator has advocated for state legislatures to define clearly certain procedural matters for election contests, including: “(1) who can be a contestant; (2) what standard of evidence to require; and (3) how to expedite contests.” But there are more fundamental and foundational questions: What goals are we trying to achieve in enacting special …
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Journal Articles
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …