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State Regulatory Responses To The Prescription Opioid Crisis: Too Much To Bear?, Lars Noah 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

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 ...


Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence 2020 Emory University School of Law

Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence

Dickinson Law Review

No abstract provided.


Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer 2020 Maurer School of Law: Indiana University

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these ...


Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert 2020 J.D. 2020, St. Mary's School of Law

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.


Faculty List, 2020 Washington University in St. Louis

Faculty List

Washington University Jurisprudence Review

No abstract provided.


Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy 2020 Articles Editor, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law Class of 2020.

Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy

Washington University Jurisprudence Review

Corporations are the primary engine of economic activity in the United States and they are provided with legal rights primarily to facilitate their productive activity. As economic actors, corporations must inevitably interact with other corporations and natural persons within the legal system. Corporations must be allowed to invoke legal rights in order to operate within the American legal system. Traditionally, the American legal system has classified corporations as legal “persons” to allow them to seamlessly integrate into the existing legal system. This Note tackles the question of corporate personhood utilizing an approach inspired by social contract theory and seeks to ...


The Perfect Opinion, Andrew Jensen Kerr 2020 Georgetown Law

The Perfect Opinion, Andrew Jensen Kerr

Washington University Jurisprudence Review

In my Article, "The Perfect Opinion," I collate favorite judicial opinions to inductively derive an archetype of perfection. The question of which opinions we like the most is decidedly subjective, but it also reveals implied preferences for creative judging that might not register on citation counts or be prioritized when editing casebooks. Importantly, our choice of a favorite reflects something about us. So why do judges often select non-authoritative opinions (alternative concurrences or dissents) or no- citation opinions (that don’t cite to prior case law) when asked of their favorite opinion? We might predict that most judges would select ...


Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater 2020 Washington University in St. Louis

Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater

Washington University Jurisprudence Review

In hopes of providing some possible further insight into the nature of law in all contexts, this Article contributes another layer to the discussion respecting an evolutionary ontology of law. It advances a preliminary sketch of the possible genesis of norms as a countermovement to human cognition, with law, as a type of norms thereby integrally interwoven into humanity itself. With this understanding of its origins, law, whether considered from the positive law, natural law or systems theory perspective, may be understood more clearly and its applications perhaps anticipated. This Article analyzes whether this proposed countermovement theory might provide common ...


My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz 2020 Notes Editor, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law, Class of 2020;

My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz

Washington University Jurisprudence Review

While assisted reproductive technology, and surrogacy in particular, may appear to be a straightforward solution to infertility, the legal field is extremely complex. The patchwork of laws across the United States leaves intended parents at risk for a court to deny legal rights to their biological child. This Note will examine the complexities of surrogacy agreements and the need for a federal, uniform surrogacy law under the sociological functionalist theory of society.


Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets 2020 Managing Editor, Washington Univeristy Juriprudence Review; J.D. Candidate, Washington University School of Law Class of 2020

Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets

Washington University Jurisprudence Review

How the federal government should regulate e-cigarette advertising targeted towards children generates unique jurisprudential questions regarding the potential for infringement on children’s liberty and autonomy. While it would seem unethical to restrict e-cigarette advertisements to adults, children are in a different category because they lack the maturity and decision-making skills to discern advertising falsehoods from reality. This is especially problematic with e-cigarette advertisements because long-term public health outcomes for children are at stake. This Note assesses the historical and modern regulatory measures used by Congress, the FDA, and the judiciary to regulate how the tobacco industry may advertise to ...


Does Criminal Responsibility Rest Upon A False Supposition? No, Luke William Hunt 2020 Assistant Professor, University of Alabama, Department of Philosophy

Does Criminal Responsibility Rest Upon A False Supposition? No, Luke William Hunt

Washington University Jurisprudence Review

Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that if reasonable doubt is established regarding whether psychology’s role in the law should be ...


The Gold Standard: Legal Theory And Fuller Revisited, Emanuel Tucsa 2020 Osgoode Hall Law School, York University

The Gold Standard: Legal Theory And Fuller Revisited, Emanuel Tucsa

Washington University Jurisprudence Review

Just as King Midas had the ability to turn everything he touched into gold, the law can turn everything that it touches into law. This Midasinspired approach to jurisprudence offers a conceptually sophisticated account of legal positivism that should dissolve the debate between inclusive legal positivists and exclusive legal positivists. Yet, not everything that glitters is gold. Despite the explanatory achievements of the Midas approach, it misses crucial aspects about the nature of law. In particular, it overlooks law’s internal morality, which is identified in the work of American legal philosopher Lon Fuller and illustrated through Fuller’s cautionary ...


Fossil Fuels, Takings, And Rawlsian Justice, Michael Stone 2020 J.D. Candidate, Washington University School of Law, Class of 2021

Fossil Fuels, Takings, And Rawlsian Justice, Michael Stone

Washington University Jurisprudence Review

Effective regulation of the fossil fuel industry is a difficult problem, made more complicated by the possibility that such regulation may be interpreted as a taking under the 5th Amendment. This means that any potential regulation of fossil fuel extraction potentially exposes the federal government to large financial liability. This Note will demonstrate why John Rawls’s Theory of Justice ought to inform the measure of compensation for takings. Then it will apply Rawls and the existing takings cases to show that the value of fossil fuel deposits for the purposes of compensation for a taking should be zero.


A Match Made In Antitrust Heaven? A Liberalistic Exploration Of The Medical Match's Antitrust Exemption, Melissa Mayeux 2020 Notes Editor, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law, Class of 2021

A Match Made In Antitrust Heaven? A Liberalistic Exploration Of The Medical Match's Antitrust Exemption, Melissa Mayeux

Washington University Jurisprudence Review

In the 2004 case Jung v. Association of American Medical Colleges, a group of resident physicians brought a class action suit challenging the legality of the National Residency Matching Program, a system that controls essentially all appointments to medical residency programs. The plaintiffs claimed the Match artificially depressed wages and created an anticompetitive labor market. The lawsuit was met with a swift end by the codification of an antitrust exemption to the Match. Although the Jung case is over, medical residents continue to face unreasonable restraints on their liberty. This note begins with an overview of medical education and the ...


Doctrines Of Discovery, Douglas Lind 2020 Professor and Head, Department of Philosophy, Virginia Tech

Doctrines Of Discovery, Douglas Lind

Washington University Jurisprudence Review

The idea that “discovery” of unknown lands carried with it the right to assert sovereignty and claim ownership was widely used by European sovereigns during the age of modern colonialization to justify appropriating indigenous lands. Felix Cohen’s pioneering work in the 1940s on federal Indian law made discovery a matter of jurisprudential interest and highlighted its role in advancing the English colonial empire in what became the United States. Specifically, Cohen argued that the natural law right of discovery, as formulated by Spanish philosopher Francisco de Vitoria, helped facilitate the early European settlement of the American colonies and became ...


Foreword, Samuel J. Levine 2020 Touro Law Center

Foreword, Samuel J. Levine

Touro Law Review

No abstract provided.


Keeping Faith With Nomos, Steven L. Winter 2020 Wayne State University Law School

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


Treaty Termination And The Presidency: Using Custom To Solve Separation Of Powers Disputes, Joseph M. Lapointe 2020 United States Military Academy

Treaty Termination And The Presidency: Using Custom To Solve Separation Of Powers Disputes, Joseph M. Lapointe

West Point Research Papers

The debate over whether the President, the Senate, or the Congress has primacy in treaty termination remains unsettled. Professor Curtis Bradley incorrectly argues that custom supports a presidential authority to terminate treaties independently. This paper argues that a fuller view of custom, combined with the Intent of the Framers and functional considerations, shows treaty termination is a shared executive-legislative power.


The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang 2020 Scripps College

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.


On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White 2020 Osgoode Hall Law School of York University

On Emotions And The Politics Of Attention In Judicial Reasoning, Emily Kidd White

Articles & Book Chapters

Legal doctrine regularly requires judges to both understand and use emotions in different ways. This chapter explores the role of emotions in fixing and sustaining judicial attention on the impact of a law on the constitutional rights of an individual or group. That certain forms of wrong or harm, including forms of political and social exclusion, are difficult to detect in the absence of focused attention is, I think, what Elizabeth Bishop’s poem ‘Man-Moth’, excerpted here in epigraph, intends to express. This chapter explores the role of emotions in setting up the serious, sustained inquiry into the impact of ...


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