Browsing Law Faculty Articles by Submit Date

Browsing Law Faculty Articles by Submit Date

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  • Evans, Barbara J. (Food & Drug Law Journal, 2006)
    Genetically targeted drug and biologic therapies promise a new era of personalized medicine, but there has been frustration with how slowly these therapies are moving from concept to actual clinical application. Various ...
  • Evans, Barbara J.; Flockhart, David A. (Food & Drug Law Journal, 2006)
    Various proposals have been advanced in response to recent problems with the safety of Food and Drug Administration (FDA)-approved drugs. Many call for incremental change, such as new safety oversight bodies or minor ...
  • Kinney, Eleanor D.; McCabe, Heather A.; Gilbert, Amy Lewis; Shisler, Janna Jo (Indiana University, 2009)
    Pandemic influenza will pose tremendous challenges to health care providers, state public health authorities, and the public. All will have to conduct business under the most adverse of circumstances. It will be difficult ...
  • Emmert, Frank (2012)
    The paper presents the DCFR, which is the blueprint for the future Code of Obligations of the European Union and works or works a bit like the UCC in the United States, that is, as a model of commercial code. After a ...
  • Shaver, Lea (Washington & Lee Law Review, 2012)
    Patent law assumes that stronger protection promotes innovation, yet empirical evidence to test this “innovation hypothesis” is lacking. This Article argues that historical case studies hold unique promise to provide an ...
  • Shaver, Lea (I/S: A Journal of Law and Policy for the Information Society, 2008)
    Access to knowledge (A2K) is increasingly recognized as the central human development issue of our time. Yet to date there has been little literature defining precisely what is meant by this term, much less how to evaluate ...
  • Shaver, Lea (Wisconsin Law Review, 2010)
    The Universal Declaration of Human Rights states: “Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.” This Article ...
  • Shaver, Lea (Washington University Global Studies Law Review, 2010)
    The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This article explains the workings of this regional human rights ...
  • Magliocca, Gerard N. (Notre Dame Law Review, 2013)
    This Essay for the Notre Dame Law Review's symposium on congressional gridlock argues that the current stalemate in Washington is, for the most part, the result of a divided electorate and that there is nothing that can ...
  • Magliocca, Gerard N. (North Carolina Law Review, 2004)
    This Article explores the parallels between current developments in copyright law and the evolution of unfair competition doctrine in the early twentieth century. In each case, influential segments of the legal establishment ...
  • Magliocca, Gerard N. (Marquette Law Review, 2003)
  • Magliocca, Gerard N. (Brigham Young University Law Review, 2009)
    This Essay argues that 35 U.S.C. s. 101 should be reinterpreted with respect to process patents by asking whether an "ordinary person skilled in the art" would consider the class of processes at issue patentable. After ...
  • Magliocca, Gerard N. (Florida International University Law Review, 2010)
    This Symposium Essay assesses the constitutional challenge to the individual health insurance mandate. The principal argument against the mandate is that Congress is barred from regulating private inaction (or compelling ...
  • Magliocca, Gerard N. (Tulane Law Review, 2008)
    This Article contends that the assassination of Huey P. Long (The Kingfish) of Louisiana was a major turning point in the development of New Deal constitutionalism. Following his election as Governor in 1928, Long built ...
  • Magliocca, Gerard N. (Nebraska Law Review, 1999)
    This Article explores the debate over the presidential veto power during the 1830s and 1840s. Prior to this period, James Madison and other legal luminaries held that legislative precedent constrained the president's ...
  • Magliocca, Gerard N. (Georgetown Law Journal, 2006)
    This Article proposes a new doctrinal test for assessing the scope of Congress's authority under the Commerce Clause and Section 5 of the Fourteenth Amendment. To clarify the muddled state of the law following the Supreme ...
  • Shaver, Lea; Sganga, Caterina (Wisconsin International Law Journal, 2010)
    Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights--a source of binding law in 160 countries--recognizes “the right of everyone to take part in cultural life.” This article suggests how ...
  • Magliocca, Gerard N. (Connecticut Law Review, 2011)
    This Essay explores the constitutional implications of a threatened default by a large state. Much like the huge financial institutions that became distressed in 2008, a large state might well be deemed too big to fail. ...

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