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American Bar Association Business Law Section Working Group
No full textThe Working Group is led by David Snyder, Susan Maslow, and Sarah Dadush in close collaboration with Olivia Windham Stewart and John Sherman. The Principled Purchasing Project is housed at the Rutgers Center for Corporate Law and Governance and supported by a grant from the Laudes Foundation.
“Contracts are how businesses implement their policies. The MCCs allow companies to make human rights policies into operational commitments,” said David V. Snyder, Professor of Law at American University in Washington, DC, and Chair of the Working Group
Venture Capital and Financial Stability
No full textIn her new paper, Interest Rates, Venture Capital, and Financial Stability, forthcoming in the Illinois Law Review, Professor Hilary Allen adds a new question: what are the risks to financial stability? Allen claims that low interest rates fueled the growth of venture capital, which is itself prone to inflating bubbles and exacerbating panics. She ultimately argues that financial regulators need to be more attuned to unexpected places where funding tends to flow during periods of accommodative monetary policy
Improving Health Services for Tribal Communities
No full textThe life expectancy of Native Americans is almost eleven years less than the average of all races in the United States. (P. 20.) And across countless other metrics—from drug addiction to diabetes—Natives suffer disproportionately high rates of illness and death compared to other Americans. (P. 20.) Despite this, funding for Indian Health Services (IHS) remains below the level of support given to non-Indians and well short of what is needed to provide adequate health care to tribal communities. (P. 19.) Professor Vanessa Ann Racehorse’s article, Tribal Health Self-Determination: The Role of Tribal Health Systems in Actualizing the Highest Attainable Standard of Health for American Indians and Alaska Natives, does a fabulous job describing the linked problems of health disparities and insufficient funding for Native communities, while also offering suggestions on how health outcomes might be improved. But the article’s contributions extend beyond laying a foundation for better understanding tribal health care; Professor Racehorse also shows that when Indian nations assert their powers of self-determination in the health care space, outcomes for tribal members can improve
Patient Access to At-Home Health Care Device Data Toward a Legal Framework
Get PDFhttps://digitalcommons.wcl.american.edu/facsch_bk_contributions/1424/thumbnail.jp
Panel Discussion: So You Want to Publish a Book?
Get PDFReaching wide and varied audiences for our academic work through book publishing served as the focus on this pipeline program panel. Through a dynamic conversation among leaders in book publishing from the academic and editorial sectors, we discussed the nuts and bolts of book publishing.
We are indebted, for this important dialogue, to American University Washington College of Law, NPOC, and all the conference’s co-sponsoring schools. We particularly want to thank Vice Dean Susan Carle of American University Washington College of Law, whose idea it was to host this panel. We were joined by the following expert book authors for this discussion
From the Editors
Get PDFThis issue includes articles, conference transcripts, and book reviews that date to 2019. The woeful delay is solely the result of our own editorial failure, and we wish to apologize on behalf of the Journal to our readers and to the many contributing authors who put their trust in us. Rest assured that procedures have been established to prevent reoccurrence of such unacceptable time lags. But do know that we appreciate having fallen far short of professional standards in this instance
Brief of Law Scholars As Amicus Curiae In Support of Appellees and Affirmance
Get PDFAmici are law professors and scholars who focus their scholarship and teaching on intellectual property law, property law, regulatory law, and health law.2 They write to address the plaintiff’s, Novo Nordisk Inc., et al. (Novo), overarching contention that the Medicare drug price negotiation program constitutes an unconstitutional price control. Amici submit this brief to provide the Court with the historical and legal background regarding the constitutionality of government price negotiations and price regulations. The amici explain how Courts have historically ruled on these questions, as well as the far-reaching consequences that a ruling in Novo’s favor would have on the federal government’s ability to provide adequate healthcare across the United States
Brief of 15 Scholars of Law and Medicine as Amici Curiae in Support of the Petition for Rehearing En Banc
Get PDFThe panel decision announces an over-expansive, ill-defned doctrine of inducement, in which well-pled allegations may be based on nothing more than ordinary marketing materials and mandatory labeling--even when those materials never recite or describe the claimed invention. This unprecedented and erroneous expansion of inducement liability leaves the law uncertain. It is now unclear, among other things, what statements a generic frm may make about its own product\u27s equivalence and how much of the generic product\u27s labeling information must be revised--assuming that such revisions are even regulatorily allowed--in order to avoid the risk of an inducement lawsuit
Regulating the Renewable Revolution: Revisiting FERC’s Authority Under the Federal Power Act Post-Major Questions Doctrine
No full textAs attacks on the administrative state abound, the federal government’s ability to respond to climate change is at a crossroads. The Intergovern mental Panel on Climate Change has been clear about the reality of climate change—human activity is responsible for deteriorating climatic conditions, and global temperatures are on track to eclipse 1.5°C of warming as early as 2030. Currently, the United States electric grid is undergoing a major transition due, in part, to massive federal investments in aging infrastructure and clean technologies and declining costs for renewable energy
Sticker Shock: The ICJ, Russia, and a $300 Billion Price Tag for War
Get PDFUkraine has experienced unprecedented devastation since Russia launched a full scale invasion into its Eastern territory in February 2022. Thousands have been killed, and billions of dollars of infrastructure has been damaged. As a result, over the past three years, the international community has been evaluating ways to hold Russia accountable and to help rebuild Ukraine upon the cessation of the war. Billions of dollars in Russian Central Bank assets have been frozen, and multiple states have proposed seizing Russia’s frozen assets to meet these objectives. However, outright asset seizure presents genuine legal concerns about foreign sovereign immunity and may set a dangerous international precedent. International legal scholars are working to find a way to seize Russian assets in accordance with international law; however, the international community can hold Russia accountable and support the rebuilding of Ukraine using an alternative method: International Court of Justice (ICJ) reparations. Applying the Articles on Responsibility of State for Internationally Wrongful Acts (ARSIWA), the ICJ Statute, and ICJ case law, this Article demonstrates how the ICJ may order Russia to pay upwards of $300 billion in reparations for its international violations in Ukraine. Furthermore, this Article discusses how the international community would be able to enforce the ICJ’s unprecedented reparations judgment against Russia using countermeasures. Enforcement of the ICJ’s judgment would not only uphold international law but also serve as a critical safeguard for global security by deterring violations of sovereignty and breaches of the peace