Author Archives: admin

THE FIGHT TO SAFEGUARD AMERICAN DRUG SAFETY IN THE TWENTY-FIRST CENTURY

In the autumn of 2004, the United States faced a public health crisis when Merck & Co., Inc. announced a voluntary withdrawal of Vioxx (rofecoxib), a nonsteroidal anti-inflammatory drug (“NSAID”) that had first been approved by the Food and Drug … Continue reading

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Evolving Evidentiary Needs: A Neglected Responsibility

In his article entitled The Case for Selective Abolition of the Rules of Evidence, Professor David Crump presents a number of thoughtprovoking ideas about evidentiary rules that may have outlived their usefulness, at least in the manner in which they … Continue reading

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The Case For Selective Abolition Of The Rules Of Evidence

Americans have created the most expensive litigation system in the world. We are incapable of trying medium-sized lawsuits at lesser costs than the amounts in controversy. Our system lengthens large lawsuits so that potential jurors who have businesses or professions … Continue reading

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“We’ll Know It When We Can’t Hear It”: A Call For A Non-Pornography Test Approach To Recognizing Non-Public Information

Supreme Court Justice Potter Stewart once authored a concurring opinion in which he explained that, while he would not attempt to delineate pornographic materials, he knew pornography when he saw it. That test, which is said to have invited sarcasm … Continue reading

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The Nature And Impact Of The “Tort Reform” Movement

For over thirty years, repeat players on the defense side of tort litigation have undertaken to “reform” tort doctrine in their favor. Initially, these efforts consisted of ad hoc efforts to address a series of “crises,” primarily in terms of … Continue reading

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Reviving the Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality

This Idea begins an exploration of the relationships between law and policy, and between domestic and international law in the context of climate change, the war in Iraq and the domestic law and policy of the United States on nuclear … Continue reading

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You Are Living In A Gold Rush

Our times represent, at least for me and many of my friends, such a bewildering mix of right-wing ascendancy, liberal cooptation, euphemism, doublespeak, intergenerational rivalry, two-party politics in which the parties trade sides on key issues virtually every month, and … Continue reading

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The Proliferation Security Initiative: A Model for International Cooperation

International law enforcement can work without any involvement from the U.N. Security Council (“UNSC”). Cooperation between nations does not require a formal organizational structure or extensive international bureaucracy, and bypassing this establishment would reduce the delay or inaction caused by … Continue reading

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Interpreting Searches of Pretrial Releasees Through the Lens of the Fourth Amendment Special Needs Exception

The Fourth Amendment of the United States Constitution, in pertinent part, guarantees, “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and that “no Warrants shall issue, but upon … Continue reading

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The Consequences of Arbitrating a Legal Malpractice Claim: Rebuilding Faith in the Legal Profession

Legal malpractice suits are a wide-spread phenomenon that negatively affects all who must address the adequacy and competency of counsel. For the client, legal malpractice is an additional dispute in need of resolution. It forces the client to pass judgment … Continue reading

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