Law Commons^™

I'M A Lawyer Too--Memoirs Of The Ambitious Legal Writing Professor, Prentice L. White

Prentice L White

I’M A LAWYER TOO—MEMOIRS OF THE AMBITIOUS LEGAL WRITING PROFESSOR ABSTRACT Legal Writing professors are faced with so many challenges and hurdles in the world of academia. Our salaries are lower, our offices are smaller, and our work schedules with students are much more tedious than that of tenure and tenure-track faculty members. However, there is another hurdle that is not as obvious as the other challenges, but it is the most serious hurdle we have ever faced—proving that we too are lawyers and not simply writing teachers. There are so many stereotypes in our profession that we sometimes have …

Green Medicine: Using Lessons From Tort Law And Environmental Law To Hold Pharmaceutical Manufacturers And Authorized Distributors Liable For Injuries Caused By Counterfeit Drugs, Stephanie Feldman Aleong

Stephanie Feldman Aleong

Counterfeit and adulterated prescription drugs have caused serious harm to consumers when these tainted products have easily permeated the legitimate marketplace over the last decades. Criminals and other actors introduce fake, adulterated, expired and foreign drugs into the drug distribution network which puts unsafe medicine into the hands of innocent consumers.

Due to the FDA’s identification of the dramatic rise in counterfeit drug investigations, in June of 2006, the FDA finally lifted the nearly twenty-year-old stay on requiring pedigree documentation, an actual history of the distribution transactions of a medicine before reaching a dispensing pharmacy, only to find that a …

Vincent As A Negligence Case, Peter M. Gerhart

Peter M. Gerhart

In a recent symposium, Professor Sugarman asks whether any account of Vincent v. Lake Erie Steamship Company provides a justification for the outcome that avoids doctrinal, conceptual question-begging or unexplained inconsistencies within tort doctrine. This article takes that challenge seriously by providing a justification for the decision that specifies the source of the defendant’s obligation to compensate the plaintiff. Contrary to conventional wisdom, the outcome in Vincent is based on fault, not strict liability. Although the decision to stay at the dock was socially appropriate, the shipowner acted unreasonably by making that decision without simultaneously agreeing (implicitly) to compensate the …