Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Citizen Employees, Richard R. Carlson Jan 2009

Citizen Employees, Richard R. Carlson

Richard R Carlson

“Citizen employees” are employees who favor the public interest even when doing so exposes them to the risk of retaliation by their employers. They are widely praised in the media, but laws for their protection are uneven, incomplete, and inadequate for their protection. This article proposes that lawmakers should recognize citizen employees as a distinct class for purposes of drafting and developing laws for their protection. This article also proposes that lawmakers should define the protected conduct of citizen employees broadly and with reference to a broad range of public interests, and that they should authorize the courts to develop …


La Incidencia De La Acción De Tutela En La Implementación De Las Políticas Públicas, Fernando Castillo Cadena Jan 2009

La Incidencia De La Acción De Tutela En La Implementación De Las Políticas Públicas, Fernando Castillo Cadena

Fernando Castillo Cadena

The presente article in the light of constitutional economy, and using some conventional law and economics tools, the 'Acción de Tutela' (Constitutional Action or Action for the Tutelage of Rights) as a mechanism of protection of fundamental rights seeking to show its incidence over the implementation of public policies in favor of all citizens


Criminal Justice And The Public Imagination, Erik Luna Jan 2009

Criminal Justice And The Public Imagination, Erik Luna

Scholarly Articles

As this symposium demonstrates, criminology has much to offer criminal law and procedure. But there are limits to this endeavor, such as when public policy is distorted by powerful emotions that ignore the lessons of legal doctrine and social science. This article presents one possible response in such circumstances: expanding the interdisciplinary relationship to include literary and cultural materials usually associated with the humanities. These works can inspire the public imagination in ways that law and criminology cannot, at times offering an alternative narrative to counter emotion-driven claims of necessity, for instance, and raising the exact type of questions that …


Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman Jan 2009

Rethinking The Role Of Clinical Trial Data In International Intellectual Property Law: The Case For A Public Goods Approach, Jerome H. Reichman

Marquette Intellectual Property Law Review

Clinical trials are currently used to test drugs; however, the risk and cost of clinical trials are increasing so drastically that the clinical trials may become unsustainable. This article evaluates the legal and economic trends of intellectual property protection for pharmaceutical clinical trial data. The protection of clinical trials has become an alternative to patents as market exclusivity encourages the development and testing of unpatentable pharmaceuticals. This author argues that clinical trials should be treated as a national and international public good instead of a private good and proposes that the government should oversee and fund the clinical trials to …


Introduction To Proceedings From A Conference On Newborn Screening For Nontreatable Disorders, Maxwell J. Mehlman Jan 2009

Introduction To Proceedings From A Conference On Newborn Screening For Nontreatable Disorders, Maxwell J. Mehlman

Faculty Publications

No abstract provided.


Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada Jan 2009

Working Group On Chapter 4 Of The Proposed Restatement Of Employment Law: The Tort Of Wrongful Discipline In Violation Of Public Policy, Pauline Kim, Joseph R. Grodin, Paul M. Secunda, Richard A. Bales, Catherine Fisk, Roberto L. Corrada

Scholarship@WashULaw

The purpose of this commentary on Chapter 4 of the Proposed ALI Restatement of Employment Law, concerning the tort of wrongful discipline in violation of public policy, is to closely evaluate the current draft in light of the appropriate purposes for a Restatement. Although some value exists in merely stating the consensus respecting these rules, the mission of the ALI extends beyond that, to better adapt the law to social needs and secure the better administration of justice. Our principal problem with the current Restatement draft is that it does not adequately recognize the dynamic nature of this area of …


Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long Jan 2009

Attorney-Client Fee Agreements That Offend Public Policy, Alex Beckham Long

South Carolina Law Review

No abstract provided.