Tag Archives: Issue 4

Time for a Change: Why the FDA Should Require Greater Disclosure of Differences of Opinion on the Safety and Efficacy of Approved Drugs

The United States is no stranger to pharmaceutical medicine scandals and tragedies. In the past fifty years, a number of “good drugs” have “gone bad,” resulting in severe effects for the patients who took them and leading to huge class … Continue reading

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Preamble Preemption and the Challenged Role of Failure to Warn and Defective Design Pharmaceutical Cases in Revealing Scientific Fraud, Marketing Mischief, and Conflicts of Interest

In January 2006, the Bush administration articulated a position in favor of a broad conflict preemption doctrine that would immunize pharmaceutical manufacturers from civil liability when the Food and Drug Administration (“FDA”) had previously granted permission to place a prescription … Continue reading

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Domestic Agreements

In this Article I want to explore the treatment of certain domestic agreements in family law and to see what can be learned about law and families. It is a cliché, in discussions of family law and agreements, to point … Continue reading

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Limits of Private Law: Enriching Legal Dogmatics

In 2005, the Dutch Supreme Court decided a wrongful life case. During her pregnancy, a woman consulted her midwife because there were two cases of handicaps in her husband’s family, due to a chromosomal disorder. The midwife did not think … Continue reading

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Judges as Umpires

This Article, “Judges as Umpires” was inspired by the Senate Judiciary hearings on the nomination of John Roberts to be Chief Justice of the Supreme Court, and the metaphor was again invoked during the hearings on the nomination of my … Continue reading

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Discovering the Logic of Legal Reasoning

The rule of law rests on the quality of legal reasoning. The rule of law requires that similar cases should be decided similarly, that each case should be decided on its merits, and that decision-making processes should comply with applicable … Continue reading

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The Five Elements of Negligence

After centuries of glacial development in the English forms of action, negligence law in America began to take shape during the 1830s and 1840s as a general theory of liability for carelessly caused harm. Conveniently (if roughly) dated to Chief … Continue reading

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Fair Enough? Reconciling the Pursuit of Fairness and Justice with Preserving the Nature of International Commercial Arbitration

In a study co-authored by Richard W. Naimark, the Senior Vice President of the American Arbitration Association (“AAA”), and Stephanie E. Keer, certain surprises were uncovered regarding the perception of private international commercial arbitration by attorneys and business people. The … Continue reading

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The Boyle Test Is an Insufficient Standard for Determining Whether to Allow Private Military Contractors to Assert the Government Contractor Defense

“There is no accountability for the tens of thousands of contractors working [in] Iraq and abroad. Private contractors like Blackwater work outside the scope of the military’s chain of command and can literally do whatever they please without any liability … Continue reading

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Child Abuse by Another Name: Why the Child Welfare System Is the Best Mechanism in Place to Address the Problem of Juvenile Prostitution

Lucilia was thirteen years old the first time she was sold for sex. After being physically and sexually abused at home and chancing that life on the streets could not be worse than life at home, Lucilia ran away. Ultimately, … Continue reading

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