Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism,
2020
Elon University
Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi
Dickinson Law Review (2017-Present)
No abstract provided.
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?,
2020
University of Florida Levin College of Law
State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah
Dickinson Law Review (2017-Present)
In order to prevent further overuse of prescription opioids, states have adopted a variety of strategies. This article summarizes the growing use of prescription drug monitoring programs, crackdowns on “pill mills,” prohibitions on the use of particularly hazardous opioids, limitations on the duration and dosage of prescribed opioids, excise taxes, physician education and patient disclosure requirements, public awareness campaigns, and drug take-back programs. Although occasionally challenged on constitutional grounds, including claims of federal preemption under the Supremacy Clause, discrimination against out-of-state businesses under the dormant Commerce Clause doctrine, and interference with rights of commercial free speech, this article evaluates the …
The Opioid Litigation: The Fda Is Mia,
2020
NYU School of Law
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have …
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs,
2020
Seattle University
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Dickinson Law Review (2017-Present)
In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …
Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis,
2020
United States Military Academy, West Point
Double Fault: How The Ncaa's No-Agent Rule Serves Legal And Policy Errors Into The Courts Of Tennis, Christopher M. Hartley
Arkansas Law Review
From the courts of law to the courts of policy, collegiate tennis is hamstrung by the National Collegiate Athletic Association’s (NCAA) no-agent rule. The casual college or professional tennis fan may not be aware of the problem as the visible effects of the rule tend to make it seem like it is more of an individual player’s problem rather than a major concern for NCAA member schools. After all, it is the individual tennis player who loses a collegiate athletic opportunity if they violate the no-agent rule.
Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments,
2020
Maurer School of Law: Indiana University
Appraising Policy: A Taxonomy Of Ex Ante Impact Assessments, Aaron Hurd
Indiana Journal of Constitutional Design
In the pursuit of better policy, many nations have turned to Impact Assessments as a potential solution. However, in order to make Impact Assessments as effective and impactful as possible, governments must think critically about which body should write Impact Assessments and what should go into these documents. In this Paper, I survey different Impact Assessment structures and the various government bodies formed to draft or review them. After completing this survey, I conclude that presidential and parliamentary systems should form their Impact Assessment offices differently in order to complement their differing governmental structures. While presidential systems would be best …
The Essential Roles Of Agency Law,
2020
University of Michigan Law School
The Essential Roles Of Agency Law, Gabriel Rauterberg
Michigan Law Review
This Article suggests a fundamental shift in how we think about agency. The essential function of agency law lies not only in enabling the delegation of authority, as is widely suggested, but as significantly in its effect on creditors’ rights through asset partitioning. There is an increasing temptation in legal scholarship to treat agency law as a sideshow confined to the first day of corporations class. This is because much of what agency law does in commerce could simply be accomplished through standard-form contracts that provide default terms for the relationships among firms, their managers, and third parties. Even agency’s …
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship,
2020
[email protected]
Do You Really Know What Happened To Psy?: Controversial South Korean Music Censorship, Min-Soo "Minee" Roh
Legal Writing Competition Winners
This paper was submitted to the Entertainment Law Initiative(ELI)'s The 22nd Annual Entertainment Law Initiative Writing Competition and was recognized by the Recording Academy by a formal letter for admission.
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete,
2020
Texas A&M University School of Law
Good Initiative, Bad Judgement: The Unintended Consequences Of Title Ix's Proportionality Standard On Ncaa Men's Gymnastics And The Transgender Athlete, Jeffrey Shearer
Student Scholarship
Title IX fails to provide the tools or guidelines necessary to equalize opportunities for all student athletes in the collegiate setting despite the government’s continuous effort to explain the law. This failure is because judicial precedent has largely developed around the binary proportionality test of compliance. Title IX was originally intended to equalize educational opportunities for male and female students in order to remedy past discrimination in our society. However, the application of Title IX has frequently created fewer opportunities in athletics due to the unintended relationship between the proportionality standard and the social phenomenon that is the commercialization of …
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration,
2020
ACLU National Prison Project
Justice-Free Zones: U.S. Immigration Detention Under The Trump Administration, Eunice Hyunhye Cho, Tara Tidwell Cullen, Clara Long
United States Department of Homeland Security
In the last three years, the Trump administration has grown the immigration detention system in the United States to an unprecedented size, at times holding more than 56,000 people per day. Since 2017, Immigration and Customs Enforcement (ICE) has anchored this growth in places where immigrants are most likely to be isolated from legal counsel, remain in detention without real opportunity for release, and are more likely to lose their cases. These new detention centers also exhibit patterns of mistreatment and abuse, including medical and mental health care neglect, that have been present since the inception of ICE’s detention system …
Recalibrating Suspicion In An Era Of Hazy Legality,
2020
Seattle University School of Law
Recalibrating Suspicion In An Era Of Hazy Legality, Deborah Ahrens
Seattle University Law Review
After a century of employing varying levels of prohibition enforced by criminal law, the United States has entered an era where individual states are rethinking marijuana policy, and the majority of states have in some way decided to make cannabis legally available. This symposium Article will offer a description of what has happened in the past few years, as well as ideas for how jurisdictions can use the changing legal status of cannabis to reshape criminal procedure more broadly. This Article will recommend that law enforcement no longer be permitted use the smell of marijuana as a reason to search …
Masthead,
2020
University of San Diego
Key,
2020
University of San Diego
Dental Board Of California,
2020
University of San Diego
Dental Board Of California, Katie Abajian, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Department Of Managed Health Care,
2020
University of San Diego
Department Of Managed Health Care, Taylor C. Brewer, Rayne Brown, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Veterinary Medical Board,
2020
University of San Diego
Veterinary Medical Board, Christine Lambert, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Medical Board Of California,
2020
University of San Diego
Medical Board Of California, Angela O’Hara, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Pharmacy,
2020
University of San Diego
Board Of Pharmacy, Stephanie Mendivil, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Contractors’ State License Board,
2020
University of San Diego
Contractors’ State License Board, Mariela Romo, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
Board Of Registered Nursing,
2020
University of San Diego
Board Of Registered Nursing, Shana Sobel, Bridget Fogarty Gramme
California Regulatory Law Reporter
No abstract provided.
