Law Commons^™

The People's Nih? Ethical And Legal Concerns In Crowdfunded Biomedical Research, Joshua E. Perry

Notre Dame Journal of Law, Ethics & Public Policy

Over the last decade, online crowdfunding has become a mainstream source of capital formation for a range of artistic and entrepreneurial endeavors. Low-barrier websites such as Kickstarter and IndieGoGo that fund production of a movie or recording of an album, in addition to charity conduits such as Kiva that facilitate the dissemination of microloans in the developing world, are trusted fundraising mechanisms that offer alternatives to traditional financing through banks and venture capitalists. Moreover, these models predicated on the solicitation of relatively modest amounts of money create a more egalitarian investment environment wherein donors can join the effort—and often receive …

Risk, Uncertainty, And "Super-Risk", José Luis Bermúdez, Michael S. Pardo

Notre Dame Journal of Law, Ethics & Public Policy

Risk is a pervasive feature of law and public policy. Decision-making in these domains often takes place in the absence of certainty and with awareness that errors may be made and predictions may fail. Within law—as within the social and physical sciences, medicine, economics, finance, and countless other domains—a primary focus of practical and scholarly inquiries is the extent to which risks can be measured and managed. In each of these domains, risk analysis typically employs the basic tools of decision theory (probability and utility) to measure the likelihood as well as the costs and benefits associated with possible outcomes. …

No Longer Left To Their Own Devices: Evaluating The Non-Traditional Medical Device Excise Tax, Kensington A. Wolgamott

Notre Dame Journal of Law, Ethics & Public Policy

When the United States federal government entered a shutdown in the fall of 2013, the budget crisis took center stage in the political debate. The Affordable Care Act (“ACA”) was one of the most contentious issues on the agenda, and among the bargaining chips in the discussion was the disputed issue of the medical device excise tax (“MDET”). The excise tax, imposed upon the sale of certain medical devices, has raised quite a bit of bipartisan opposition and has been up for repeal or reform over a dozen times to date. The increasing attention the tax has received since its …

Three's Company: A Constitutional Analysis Of Prohibiting Access To Three-Parent In Vitro Fertilization, J. Ravindra Fernando

Notre Dame Journal of Law, Ethics & Public Policy

The 1997 science-fiction film Gattaca tells the story of Vincent Freeman, a “God-child,” “de-gene-erate,” “faith birth.” The film unfolds in a not-too-distant future where genetic modification is commonplace and children’s characteristics and predispositions are routinely decided before birth. A rarity in this world, Vincent is conceived without any genetic modification and, consequently, is born with myopia and a congenital heart defect. His inferior genetic profile has banished him to a new subclass of society, so the only way to achieve his lifelong dream of becoming an astronaut is by impersonating a “valid”—a person with a healthy, genetically-engineered DNA.

A Prescription For The Future: Reverse-Payment Settlements In The Wake Of Ftc V. Actavis Pharmaceuticals, Audra J. Passinault

Notre Dame Journal of Law, Ethics & Public Policy

The pharmaceutical industry is a large and important part of the overall health care system in the United States. Drug innovation and improvement lead to safer and more effective pharmaceuticals able to treat a variety of diseases and ailments. But the quest by pharmaceutical companies to develop the next successful drug is an expensive venture: pharmaceutical companies spend more on research and development, relative to sales revenue, than almost any other industry in the United States. However, this innovation and investment is rewarded when the drug is granted a patent by the United States government, giving the developing company a …

Secession, Then And Now, Jessica Bulman-Pozen

Faculty Scholarship

Secession has been back in the news of late. Hundreds of thousands of individuals across the country signed petitions seeking permission for their states to leave the United States after President Obama’s reelection; Governor Perry riffed on Texas’s departure from the Union “if Washington continues to thumb their nose at the American people”; and members of the Second Vermont Republic insist the Green Mountain State would be better off alone. Overseas, a bid for Scottish independence from the United Kingdom nearly prevailed last fall.

Black Girls Matter: Pushed Out, Overpoliced And Underprotected, Kimberlé W. Crenshaw, Priscilla Ocen, Jyoti Nanda

Faculty Scholarship

For girls, as with boys, the failure to receive a high school diploma often places individuals on a pathway to low-wage work, unemployment, and incarceration. The imposition of harsh disciplinary policies in public schools is a well-known risk factor for stunted educational opportunities for Black and Latino boys. Such punishments also negatively affect their female counterparts, as do other conditions in zero-tolerance schools. Yet, the existing research, data, and public policy debates often fail to address the degree to which girls face risks that are both similar to and different from those faced by boys.

This silence about at-risk girls …

Vol. 18, No. 2: Editor's Note, William Davis Wert

Water Law Review

No abstract provided.

Vol. 18, No. 2: Front Matter, Water Law Review

Water Law Review

No abstract provided.

Vol. 18, No. 2: Table Of Contents, Water Law Review

Water Law Review

No abstract provided.

Colorado's Gregory J. Hobbs, Jr.: At The Headwaters Of Justice, Troy Eid

Water Law Review

No abstract provided.

Prior Appropriation: A Reassessment, Lawrence J. Macdonnell

Water Law Review

No abstract provided.

Conditional Water Rights And The Problem Of Speculation, Aaron Pettis

Water Law Review

No abstract provided.

Ninth Update To Colorado Water Law: An Historical Perspective, Gregory J. Hobbs

Water Law Review

No abstract provided.

Why Prior Appropriation Needs Equity, Duane Rudolph

Water Law Review

No abstract provided.

Opening General Session: Colorado's Water State Of The State, Molly Kokesh

Water Law Review

No abstract provided.

Capital Ideas: Public. Private. Partnerships., Devon Bell

Water Law Review

No abstract provided.

Stockton E. Water Dist. V. United States, 761 F.3d 1344 (Fed. Cir. 2014), W. James Tilton

Water Law Review

No abstract provided.

San Luis & Delta-Mendota Water Auth. V. Locke, 776 F.3d 971 (9th Cir. 2014), Victoria Hambley

Water Law Review

No abstract provided.

Michigan V. U.S. Army Corps Of Eng'rs, 758 F.3d 892 (7th Cir. 2014), Cody Cassaday

Water Law Review

No abstract provided.

American Whitewater V. Tidwell, 770 F.3d 1108 (4th Cir. 2014), R. J. Colwell

Water Law Review

No abstract provided.

Brown V. Greenheart, 335 P.3d 1 (Idaho 2014), Blaine Bengston

Water Law Review

No abstract provided.

Eldorado Co-Op Canal Co. V. Lower Teton Joint Objectors, 337 P.3d 74 (Mont. 2014), Neillie Fields

Water Law Review

No abstract provided.

Marks V. 71 Ranch, Lp, 334 P.3d 373 (Mont. 2014), Katy Rankin

Water Law Review

No abstract provided.

Weber V. N. Loup River Pub. Power & Irrigation Dist., 854 N.W.2d 263 (Neb. 2014), Kylie Wyse

Water Law Review

No abstract provided.

Platt V. Platt, 337 P.3d 431 (Wyo. 2014), Molly Kokesh

Water Law Review

No abstract provided.

Student Symposium: A Comparative Discussion Of The Public Trust Doctrine: Mono Lake And The Groundwater In California, Citizen Initiative And Legal Adaptation In Colorado - Editor's Note, Water Law Review

Water Law Review

No abstract provided.

A Brief History Of The Public Trust Doctrine In Colorado: Arguments Made For And Against Its Application, Bruce C. Walters

Water Law Review

No abstract provided.

How Colorado's Prior Appropriation System Addresses Environmental And Recreation Concerns Without A Public Trust Doctrine, Lauren R. Bushong

Water Law Review

No abstract provided.

The Public Trust Doctrine And Its Groundwater Application In California, Adam Bowling, Elizabeth Vissers

Water Law Review

No abstract provided.