Faculty Bibliography
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The red tape we all must deal with is more than an inconvenience. It wastes time, money, and energy and ultimately robs us of our freedom.
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True representative democracy depends on making access to voting a realistic option for all.
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Ketanji Brown Jackson’s past is an asset, not a liability.
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Once-daily oral tenofovir/emtricitabine is highly effective as pre-exposure prophylaxis (PrEP) against HIV but is dependent on adherence, which may be challenging for men who have sex with men (MSM) and use substances. Digital pill systems (DPS) permit the direct, real-time measurement of adherence, though user perceptions of data privacy in this context are unknown. Thirty prospective DPS users – HIV-negative MSM with non-alcohol substance use – completed in-depth qualitative interviews exploring preferences around privacy, access, and sharing of DPS adherence data. Participants discussed some concerns about the impact of DPS use on personal privacy, and emphasized the need for robust data protections in the technology. Participants were interested in having on-demand access to their adherence data, and were most willing to share data with primary care providers and long-term relationship partners. Future investigations exploring bioethical frameworks around DPS use are warranted, and user preferences should inform best practices for protecting DPS data.
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The evidence is clear: it’s time to prosecute Donald Trump Laurence H Tribe and Dennis Aftergut On the supposedly difficult question of ‘criminal intent’, prosecutors should have no trouble convincing a jury. Full speed ahead is the only proper course.
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"A treatise for students taking a business organizations class in law school"– Provided by publisher.
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In the lead-up to the insurrection, Madison Cawthorn participated in planning meetings and promoted the confrontation with Congress on social media. He has invoked a post-Civil War statute to render him immune from consequences imposed by North Carolina voters.
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Companies increasingly use ESG metrics in their compensation packages for CEOs. A new empirical study suggests that this practice has questionable promise and produces significant risks.
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Why does Stephen Breyer continue to insist that the Supreme Court is apolitical?
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We propose that the U.S. Treasury Department create “Treasury Accounts” as a means of improving access to financial services for many Americans. These would be digital accounts that would facilitate distribution of federal benefits and provide low cost, no-frills payment services. Treasury could create these accounts under existing statutory authority. In addition, Treasury’s substantial experience, dating back several decades, in devising benefit distribution and payment service programs for individuals can serve as the foundation for our proposal. Treasury Accounts could make it easier for those who are underserved by today’s banking system to both open and sustain an account. We propose a limit on account size and rollovers to private accounts to minimize disintermediation of bank deposits. As the public debate heats up over whether to create a U.S. central bank digital currency (CBDC), we explain why Treasury is better suited, at least in the short term, to provide retail accounts than the Federal Reserve, and why this proposal would be a faster, easier way to achieve some of the primary objectives of a CBDC.
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When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other disadvantaged groups.
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On November 15, 2021, the US Department of Health and Human Services (HHS) rescinded a Trump-era policy that had directed the US Food and Drug Administration (FDA) to discontinue the premarket reviews of laboratory-developed tests (LDTs), including those for SARS-CoV-2.1 In a statement detailing the reversal, HHS Secretary Xavier Becerra noted that the policy “limited FDA’s ability to address certain problematic COVID-19 tests.”1 Secretary Becerra also noted that restoring the integrity of the regulatory process required that the FDA reinstate its “longstanding approach” to the oversight of the LDTs.1 Given the ever-growing demand for LDTs for detecting SARS-CoV-2, the restoration of integrity to the FDA review process could not be more timely. In this Viewpoint, we review the regulatory oversight of the LDTs, discuss its recent policy permutations, and explore potential future considerations.
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I think it is fair to say that based on President Biden’s first State of the Union (SOTU) address, the state of labor’s interests in the Biden Administration is strong. Even before President Biden entered the House Chamber Tuesday night, Biden sent a signal about how central the labor movement is to his presidency. Starting with […]
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Stephen Breyer, America: An Experiment That's Still Ongoing, 88 Vital Speeches of the Day 61 (2022).
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The article presents the text of a speech by U.S. Supreme Court Justice Stephen Breyer, delivered as formal retirement announcement at the White House on January 27, 2002. Topics of the speech included experiment as a thing that people still think, the letters that George Washington wrote where he said the same thing, and why experiment existed then.
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In its ideal form, arbitrariness review is an instrument for promoting “deliberative democracy”—a system that combines reason-giving with political accountability. Under arbitrariness review in its current form, courts tend to embrace the “hard look doctrine,” which has a procedural component, requiring agencies to offer detailed justifications, and also a substantive component, in which courts assess the reasonableness of agencies’ choices on the merits. These are serious constraints on the executive branch, and they also reduce the risk of large-scale instability in government, in which scientific and economic judgments are overridden by political considerations. With respect to regulatory policy, it is not enough to say that “elections have consequences.”
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The pathbreaking lawyer and “Civil Rights Queen” was the first Black woman to argue before the U.S. Supreme Court.
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As intuitive statisticians, human beings suffer from identifiable biases, cognitive and otherwise. Human beings can also be “noisy,” in the sense that their judgments show unwanted variability. As a result, public institutions, including those that consist of administrative prosecutors and adjudicators, can be biased, noisy, or both. Both bias and noise produce errors. Algorithms eliminate noise, and that is important; to the extent that they do so, they prevent unequal treatment and reduce errors. In addition, algorithms do not use mental short-cuts; they rely on statistical predictors, which means that they can counteract or even eliminate cognitive biases. At the same time, the use of algorithms, by administrative agencies, raises many legitimate questions and doubts. Among other things, they can encode or perpetuate discrimination, perhaps because their inputs are based on discrimination, perhaps because what they are asked to predict is infected by discrimination. But if the goal is to eliminate discrimination, properly constructed algorithms nonetheless have a great deal of promise for administrative agencies.
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The World Health Organization’s recent Report on Human Genome Editing departs from similar reports from other institutions in that it recognizes that ethical assessments of the technology are deeply complex, surprisingly fragile, and subject to practical and political considerations. The WHO report largely recommends that human genome editing, rather than being accepted in some circumstances and banned in others, should be handled with care. The report recommends some oversight mechanisms—such as intellectual property licensing—previously undiscussed or underexplored in sister reports, and it recognizes that others—like international law—may be impractical. This essay explores how the report has shifted global considerations of governing human genome editing to more pragmatic ends.
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How do legal texts determine legal content? A standard answer to this question—sometimes called “the standard picture”—is that legal texts communicate something and what they communicate is identical to legal content. Mark Greenberg criticizes the standard picture and offers in its place his own “moral impact theory.” My goal here is to respond to Greenberg by showing how the standard picture better explains legal practice than the moral impact theory does. To that end, I first clarify certain aspects of the moral impact theory. I then critique the theory, focusing on its inability to explain (i) why practitioners reason about legal content as they do and (ii) why they agree on legal content as often as they do. Finally, I refine the standard picture and demonstrate how it explains what the moral impact theory cannot.
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"What’s a tort? It’s a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money ("damages") from the wrongdoer to the wronged. The court is usually alerted to wrong by the filing of a lawsuit: anyone can walk through the courthouse doors and, subject to the limits explored in civil procedure, call someone else (or, if a company, some-thing) to account. We’ll discuss the sources that courts turn to in order to answer such questions. Rarely, in tort cases, are those sources the ones laypeople expect: statutes passed by legislatures. Without statutes to guide them, what are courts left with?"– Provided by publisher.
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Evolutionary explanations for behavioral findings are often both fascinating and plausible. But even so, they do not establish that people are acting rationally, that they are not making mistakes, or that their decisions are promoting their welfare. For example, present bias, optimistic overconfidence, and use of the availability heuristic can produce terrible mistakes and serious welfare losses, and this is so even if they have evolutionary foundations. There might well be evolutionary explanations for certain kinds of in-group favoritism, and also for certain male attitudes and actions toward women, and also for human mistreatment of and cruelty toward nonhuman animals. But those explanations would not justify anything at all. It is not clear that in Darwinia (a nation in which departures from perfect rationality have an evolutionary explanation), policymakers should behave very differently from Durkheimian policymakers (a nation in which departures from perfect rationality have a cultural explanation).
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The ninth edition of this classic casebook Administrative Law and Regulatory Policy: Problems, Text, and Cases is streamlined and updated while retaining the previous editions’ rigor, comprehensiveness, and contextual approach.
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Between 1880 and 1910, as barriers to Chinese emigration arose across the Pacific Rim, European colonial administrations and entrepreneurs in Africa increasingly sought to divert Chinese labor emigration toward Africa. These efforts met with only limited success. Yet the growing labor flows linking China and Africa also helped to spark new scholarly and diplomatic interest in Africa among Chinese officials and literati. This presentation explores how three types of Chinese-language sources on Africa, scholarly atlases, fictionalized personal accounts and the experiences of migrant laborers, influenced elite views of Africa and government policy toward labor migration to the continent. Although nineteenth-century Chinese-language sources on Africa drew primarily from European works, these works depicted Africa through analogies to tropical regions more familiar to Chinese audiences, notably Qing China's southern frontier and Southeast Asia. Atlases such as Xu Jiyu's Brief Account of the Maritime Circuit (Ying huan zhi lue) explicitly sought to reconcile historical Chinese knowledge of Africa with recent Euro-American geographic sources. In contrast, fictionalized travelogues such as Ding Lian's Record of Travels across Three Continents (San zhou you ji) translated European travel narratives as first-hand accounts of Chinese travelers. Still, both types of works "Sinicized" Euro-American sources on Africa by reformulating Euro-American colonial and racialist discourses into Chinese imperial and ethnographic tropes. Despite an increasing number of Chinese laborers with first-hand knowledge of Africa, laborer perspectives remained marginalized until the Chinese imperial government named a consul in Johannesburg, South Africa. As a result, new Chinese-language sources on Africa served less to provide an accurate description of the continent than to familiarize Chinese elites with Euro-American civilizational discourse. Armed with this new knowledge, Qing officials began to develop a narrative of Chinese migrant laborers as civilizing agents as a means to defend Qing China's own precarious place within contemporary Euro-American civilizational thought.
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Prior to the outbreak of Covid-19, corporate leaders pledged to look after all stakeholders, not just deliver value to shareholders. Did they live up to these promises? A new empirical study examines more than 100 major public company acquisitions that were announced during the pandemic and shows that corporate leaders failed to look after stakeholder interests.
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The primary stock market characteristic driving climate issues is not a truncated time horizon. It’s the corporation’s capacity to externalize environmental and climate harms.
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n the past two decades, pioneering research has rekindled interest in the therapeutic use of psychedelic substances such as psilocybin, ibogaine, and dimethyltryptamine (DMT). Indigenous communities have used them for centuries, and researchers studied them in the 1950s and ‘60s. However, most psychedelics were banned in the ‘70s, when President Nixon launched the U.S. war on drugs. Fifty years later, rising rates of mental illness, substance use, and suicide are prompting researchers to revisit psychedelics, and some have gained permission to study them in limited quantities. Clinical trials are producing promising results, creating enthusiasm for commercializing and patenting psychedelics. This Essay analyzes the ethical, legal, and social implications of patenting these controversial substances. Patents on psychedelics raise unique concerns associated with their unusual qualities, history, and regulation. Because they were criminalized for decades, the U.S. Patent and Trademark Office (PTO) lacks personnel with expertise in the field, rendering more questionable the quality of its evaluation of psychedelic patents. Moreover, because Indigenous communities pioneered many aspects of modern psychedelic therapies, their patenting by Western corporations may promote biopiracy, the exploitation of Indigenous knowledge without compensation. Importantly, control of psychedelics by a small number of companies may stifle innovation and reduce access to these therapies. The Essay presents proposals to reduce the risk of biopiracy and the issuance of unwarranted psychedelic patents. Potential solutions include the implementation of psychedelic patent pledges, the creation of psychedelic prior art repositories, and the tightening of patentability requirements for novel drug therapies. The Essay concludes that ultimately, due to their importance to the advancement of science and public health, it may be appropriate to view psychedelics as tools of scientific discovery, eligible only for limited patent protection.
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Healthcare is increasingly provided in a patient’s home, with potential cost savings and clinical improvements. But the hospital-at-home also raises unique liability issues not only for physicians and hospitals but also for caregivers and patients.
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President Biden has promised to nominate a Black woman at the same moment when the Court is likely to ban most race-conscious selections.
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Owners choose the rule that steers us to do what they want. But we can pick differently. This is true not just for airplane seats, but also for battles over digital privacy, climate change, and wealth inequality.
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There was no denial that Alabama’s new map blatantly discriminated against Black voters.
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Can patients regain control over their health information?
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Book review of Just Pursuit by Laura Coates.