Law Commons^™

Unraveling The Puzzle Of High Drug Prices In The United States: A Systemic Analysis And Policy Implications Of March-In Rights, Mariana Larson

The Business, Entrepreneurship & Tax Law Review

The United States, often perceived as a global beacon of power and prosperity, grapples with a paradoxical reality concerning its healthcare system and drug prices. Despite its stature, the nation’s healthcare landscape is marred by exorbitant pharmaceutical costs, raising concerns among policymakers and families alike. This paper delves into the complex web of factors contributing to the abundance of high drug prices in the United States, shedding light on the role of pharmaceutical companies and the dynamics of patent protection, and analysis the newly released March-in Rights framework created by the Biden-Harris Administration. But is the framework enough to truly …

Masthead

The Business, Entrepreneurship & Tax Law Review

No abstract provided.

Mattress Money: How Civil Forfeiture Leaves Taxpayers With Few Options, Aubrey Manculich

The Business, Entrepreneurship & Tax Law Review

Civil forfeiture is a legal practice that allows law enforcement agencies to seize property without a criminal conviction, or even charges. This article examines the tax consequences of civil asset forfeiture, particularly the near-impossibility of individuals or businesses to claim a deduction for forfeited property. By analyzing the treatment of seized and forfeited property by the Internal Revenue Code and related I.R.S. regulations and publications, this study exposes critical gaps in the current system that prevent taxpayers from recognizing losses from civil forfeiture. The article further explores the interaction of tax law and civil forfeiture proceedings, demonstrating how innocent property …

Merchants In Shakespeare’S The Merchant Of Venice: A Transactional Analysis, Raj Bhala

The Business, Entrepreneurship & Tax Law Review

Shakespeare’s The Merchant of Venice is a play with multiple merchants engaged in multiple transactions with multiple motives. The key characters – Shylock, Antonio, Bassanio, Portia, Jessica, Lorenzo, Nerissa, Graziano, and the Duke – are involved in one sort of business dealing or another. Indeed, there are 10 specific transactions: one finance transaction; one international trade transaction; one gastronomic transaction; two inheritance transactions; three marriage transactions; and two legal entrepreneurship transactions. In these deals, commerce and love are almost indistinguishable, and justice and mercy clash. Thus, lawyers can analyze the drama from a transactional perspective, and spot issues they encounter, …

Virtual Reality: Communication Channels, Trust, And Board Oversight, Nicola Faith Sharpe

The Business, Entrepreneurship & Tax Law Review

Post-pandemic, corporate directors, executives, and other employees are frequently found working from home as part of the modern global remote workforce. Since 2020’s pandemic necessitated mass exodus from the in-person workplace, working remotely has become the default for many. Quite the opposite of a transient phenomenon or a global pandemic stopgap measure, remote work is here to stay. It has changed more than the location of where business is conducted. It shifted the primary professional communication medium from face to face communications to virtual, computer mediated communications.

Insurance Law And Religious Belief, Chad Marzen

The Business, Entrepreneurship & Tax Law Review

This Article adds to the corpus of academic scholarship in insurance law with an analysis of jurisprudence involving insurance law and religious belief. Outside of the issue of contraception, health insurance and religious exemptions, there are a number of areas where insurance law intersects with religious belief. These areas, examined in this Article, include the admissibility of testimony regarding religious beliefs in liability cases, unemployment compensation and religious belief, the relationship between worker's compensation and religious belief, and whether motor vehicle financial responsibility laws violate the First Amendment.

Vol. 67, No. 02 (September 2, 2024)

Indiana Law Annotated

No abstract provided.

Mmu: 09/02/24–09/08/24, Student Bar Association

Monday Morning Update

This Week @ NDLS

Mass Times

Commons Daily Menu

Saint of the Week

General Announcements

Sourcing Derivatives: Time To Reverse The Rule?, Reuven S. Avi-Yonah

Articles

In their excellent Tax Notes article on the application of withholding taxes on derivatives, Lorenz F. Haselberger and Michael B. Shulman write that:

A taxpayer entering into a derivative may derive income of a kind that is different from the kind of income that would have been realized had the taxpayer instead acquired the underlying asset, resulting in different U.S. withholding tax treatment.

For example, when a foreign taxpayer enters into a swap referencing an equity security or interest rate, amounts it receives that correspond to dividends or interest generally are characterized as periodic payments on a financial contract rather …

Pregnancy As A Crime: A Preliminary Report On The First Year After Dobbs, Wendy A. Bach, Madalyn K. Wasilczuk

Scholarly Works

The report was released by Professor Bach’s partner organization Pregnancy Justice in late September. The report has been covered by over 400 press outlets including the Los Angeles Times, Mother Jones, Teen Vogue, the Daily Mail, and the British Medical Journal. The report is the first report coming out of a three-year national study of pregnancy criminalization being led by Professor Bach.

W&L Law Library Annual Report 2023-2024, The Law Library At Washington And Lee University School Of Law

Law Library Annual Reports

No abstract provided.

It’S All Write: Teaching Legal Writing As Resistance, Jane E. Cross, Brenda Gibson, Tiffany N. Jeffers, Teri Mcmurtry-Chubb, Latisha Nixon-Jones, Shakira D. Pleasant, Saleema Snow

Journal of Legal Education

No abstract provided.

An Extremely Important Document: Khea's Struggle For A Contract, 1974-1978, John L.S. Daley Dr

KNEA 50th Anniversary

In 1973, the Kansas State College, Pittsburg administration fired thirteen faculty members without cause. In order to improve administration-faculty relations, remaining faculty organized, petitioned for recognition, and drafted PSU/KNEA's first contract with PSU/KBOR, which went into effect five years later. The narrative covering this period draws on Axe Library's KNEA Collection and interviews of former faculty.

Disentangling The Eighth And Fourteenth Amendments: Pretrial Detainees And Due Process Rights After Kingsley V. Hendrickson, David Baloche

Hofstra Law Review

In Kingsley v. Hendrickson, the Supreme Court repudiated the lower courts’ decades-long practice of grafting the Eighth Amendment standard onto Fourteenth Amendment claims brought by pretrial detainees. Since Kingsley, lower courts have warred over whether the holding applies to non–excessive‑force claims like inadequate‑medical‑care, conditions‑of‑confinement, and failure‑to‑protect. Five circuits (the Second, Fourth, Sixth, Seventh, and Ninth) have held that Kingsley extends beyond excessive force‑claims. Four circuits (the Fifth, Eighth, Tenth, and Eleventh) have held that Kingsley does not extend beyond excessive‑force claims. The Supreme Court has repeatedly declined to grant certiorari to clarify the scope of Kingsley. While confusion about the …

A Better Path Forward: The Need For Restorative Justice In The Child Welfare System, Abigail Montalbo

Marquette Benefits and Social Welfare Law Review

The child welfare system in the United States often prioritizes punishment

over healing, failing both the children harmed by maltreatment

and the responsible parties. This Comment explores how incorporating

restorative justice within state child welfare systems

can shift the focus to repairing relationships, building trust, and

promoting healing of the parties harmed, the parties responsible for

the harm, and the community as a whole. Aimed at an audience

who is interested in, but not deeply familiar with restorative justice,

this Comment suggests for the mandatory inclusion of restorative

justice practices to create a more comprehensive and healing-centered

approach within the …

Twin Inadequacies In The Ftc’S Recent Biometrics Policy Statement, John Burroughs

The University of Chicago Business Law Review

In the spring of 2023, the FTC released a policy statement addressing biometric information and technologies using or purporting to use such information. The policy statement contains a remarkably broad definition of “biometric information” and describes a variety of business practices that could violate § 5 of the Federal Trade Commission Act by being either “deceptive” or “unfair.” In spite of the policy statement’s comprehensiveness, however, it has two substantial inadequacies. First, the policy statement’s definition of “biometric information” is overly broad and will introduce unnecessary legal uncertainty for businesses by encompassing items not commonly thought of as “biometric information …

The Elusiveness Of Tax And Constitutional Reform, Susan Pace Hamill

Politics, Justice, Law, and Philosophy

In this chapter, Professor Hamill illustrates that Alabama’s regressive tax policy oppresses poor Alabamians and denies their children a chance for a better future and explains why the 1901 Constitution makes meaningful tax reform impossible. She then shows that Governor Bob Riley’s 2003 failed reform efforts and ten years of unsuccessful civil rights litigation which followed, means reformers must convince Alabama’s citizens at the ballot box. Professor Hamill’s story of her personal experiences as an outspoken reformer, especially the anecdotes of her speaking to thousands of voters at their doors when she was a candidate for the legislature, illuminate why …

Uyghur Forced Labor: New U.S. And E.U. Laws Banning Uyghur Imports And The New Diplomacy Of "Going After The Money", Ronald C. Brown

Journal of International Business and Law

China’s Xinjiang Uyghur Autonomous Region (“XUAR”) is infamous for the Chinese Government’s exploitation of their ethnic minority Uyghur population. Over China’s denials, the United Nations and numerous Western studies reveal widespread attempts at eradication of the Uyghur’s ethnic origins and the imprisonment, forced labor and trafficking of their people to work for China’s profits in the world markets. International treaties, International Labour Organization (“ILO”) Conventions, and some foreign laws have attempted to push China into adherence with international labor and human rights standards against forced labor and trafficking. The U.S. State Department evaluates 188 countries and assigns each to categories …

Why The United States Needs To Ban Direct-To-Consumer Electronic Video Media Advertising For Prescription Drugs Notes And Student Works, Thomas E. Foley

Journal of International Business and Law

No abstract provided.

Taking The Liberty League Seriously: A Philosophical Argument For Universal Unionization, Kennedy Delaney

Journal of International Business and Law

No abstract provided.

State Telemedicine Abortion Restrictions And The Dormant Commerce Clause, Laura Hu

University of Chicago Law Review

Telemedicine abortions allow women to meet virtually with abortion providers and receive abortion medication through the mail, all without ever leaving their homes. This development could be instrumental in facilitating access to abortion care for women living in abortion-restrictive states after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. However, many abortion-restrictive states have moved to restrict remote abortion care and impose legal liability on out-of-state telemedicine abortion providers.

This Comment outlines a novel argument that these state restrictions on telemedicine abortions violate the Dormant Commerce Clause, which prohibits state regulation that discriminates against or unduly burdens …

Patriots Over Profits: Incentivizing Corporate Responsibility In Defense Contracts, Benjamin C. Underwood

Hofstra Law Review

The article delves into the difficulties of overseeing the defense industry, emphasizing the impact of financial interests on both defense contractors and regulators. It sheds light on the revolving door phenomenon between government officials and defense contractors, potentially leading to conflicts of interest. Furthermore, it touches upon the challenges posed by a lack of transparency and enforcement in curbing unethical practices within the defense sector. The text also explores the intricate interplay among wealth, warfare, and the public good in the realm of defense contracting. Proposed solutions include measures such as granting the government unrestricted access to technical data from …

Securities Regulation In The United Kingdom: Enforcement Of Market Abuse And How Whistleblowers Can Help, Frank Perez

Journal of International Business and Law

No abstract provided.

Access To Justice As Access To Data, Tanina Rostain

Northwestern University Law Review

This Keynote Address, delivered in celebration of the launch of SCALES, discusses the importance of making local and state court data available for research on the functioning of the American civil justice system. It describes the regulatory and administrative challenges of obtaining high-quality data from courts. It calls for a concerted effort among researchers and policymakers to develop open-source technologies for the development of case management systems and data infrastructure. And it urges researchers to foster a collaborative research ecosystem based on broadly sharing court data.

Theory And Practice Of Mediation Representation, John Lande

Faculty Publications

These days, American attorneys regularly represent clients in mediation. This representation is a complex process, and attorneys and law students need guidance about how to serve clients well in this context. This article offers a theoretical framework for analyzing mediation representation based on Real Practice System Theory. It reviews books that outline elements of mediation representation and identify practical techniques that attorneys can use when representing clients in mediation. It supplies several suggestions for faculty who teach mediation, including teaching courses combining the perspectives of both mediators and mediation representatives.

Real Practice Systems Project Menu Of Checklists For Attorneys In Mediation, John Lande

Faculty Publications

This is a detailed menu of checklists for attorneys representing clients in mediation, including actions before, during, and after mediation sessions. The checklists include items about information to provide on websites, compliance with ethical requirements, and reflection and improvement of techniques. They are intended to prompt attorneys to become more conscious and intentional in their work, helping them to develop routines and strategies for dealing with recurring problems.

The checklists are extensive but not exhaustive. They are not recipes to follow strictly, thoughtlessly, or completely. Instead, they should help attorneys decide what to do in any specific case or in …

Masthead Volume 127, Issue 1

West Virginia Law Review

No abstract provided.

Table Of Contents

West Virginia Law Review

No abstract provided.

Explainable Fairness In Regulatory Algorithmic Auditing, Cathy O'Neil, Holli Sargeant, Jacob Appel

West Virginia Law Review

No abstract provided.

The Addiction Restriction: Addiction And The Right To Bear Arms, F. Lee Francis

West Virginia Law Review

This Article is the culmination of a yearlong research project, and it is the first to address addiction and drug use in the area of Second Amendment law. I argue that addicts may be disarmed, if they are dangerous. My dangerousness test centers on illicit use and imminent danger. That is, do the facts and circumstances prove that an individual is in fact a danger? To put it another way, disarmament is appropriate when there exists demonstrable evidence that a person poses a significant and imminent risk of causing public injury. This Article develops and expands upon some themes and …