Emory Law Scholarly Commons
Not a member yet
2100 research outputs found
Sort by
The North Atlantic Alliance and Collective Defense at 70: Confession and Response Revisited
Get PDFThe North Atlantic Treaty was largely a response to global sentiment that other international organizations, namely the United Nations, were not accomplishing their intended purpose of the maintenance and promotion of peace and order in the world. This had a magnifying effect due to the global trauma and destruction that had been witnessed by the world following World War II. This Article visits the realities of history that led to the formation of NATO as a collective measure for self-defense and the effectiveness it had as a response to global concern of peace preservation. Importantly, this Article analyzes the substantive military functioning articles of the North Atlantic Treaty, namely Article 5. This Article serves to provide a reflection on the instability and overwhelming concerns that motivated the creation of NATO and its rippling effect felt globally as a responsory action. Lastly, this Article positions collective self-defense in the context off issues faced in 2019 and how it serves to respond to them
Not My Problem . . . Or Is It? An Examination of Changing Liability for Mental Health
Get PDFThis Paper will ultimately point out courts\u27 flawed application of the standard of care for universities; impress upon the public that universities are, at their core, businesses in the field of providing educational services and should not, to an extent, be held liable for the mental health of their students; and forewarn the public about the negative ramifications that the requirement of mental health services and the oversight of state judicial and legislative authorities have on the internal operations of not only universities, but all businesses
Panel II: Gun Violence and Mental Health: Statistics and Realities
No full textPANEL II : GUN VIOLENCE AND MENTAL HEALTH: STATISTICS AND REALITIES
Sarah Shalf, Professor of Practice, Emory University School of Law (Moderator)
Annie Deets, Adjunct Professor, Emory University School of Law; Managing Attorney, DeKalb County Law Office of the Public Defender, Mental Health Division
Dr. Mark Rosenberg, Director, The Task Force for Global Health
Dr. Jeffrey Swanson, Professor in Psychiatry and Behavioral Sciences at Duke University School of Medicine
Fredrick Vars, Ira Drayton Pruitt, Sr. Professor of Law, University of Alabama School of La
It\u27s Not You, It\u27s Us: Assessing the Contribution of Trademark Goodwill to Properly Balance the Results of Trademark License Rejection
Get PDFIn 1988, Congress amended § 365 of the Bankruptcy Code to allow intellectual property licenses to retain usage rights following the rejection of an executory contract. Unfortunately, this amendment did not include trademarks in its definition of intellectual property. The author thoroughly examines the circuit split, comparing and contrasting the dueling circuit court decisions over whether trademark licenses should receive the same protections as other intellectual property. In analyzing this circuit split, the author centrally focuses on Mission Product Holdings, Inc. v. Tempnology, LLC, a case out of the First Circuit Court of Appeals. The author concludes by proposing a three-factor test to aid courts in arriving at the most equitable result for not only the debtor\u27s estate, but also society writ-large
Making a Business of Residential Use : The Short-Term-Rental Dilemma in Common-Interest Communities
Get PDFMany people are familiar with the convenience of booking a cheap weekend stay using Airbnb, VRBO, and similar home-sharing sites. But as this practice becomes more widespread, short-term rentals of fewer than thirty days are contributing to a growing number of negative externalities: Cities such as Los Angeles and New York are battling with the conversion of properties into rogue hotels that slip underneath regulation, which has led to rising rents and a shortage of affordable housing. On a smaller scale, residential communities are being pestered by a steady rotation of disruptive guests. This Comment argues that the popular common-interest community model is well-suited to regulate damaging short-term rentals. With careful planning, these communities can implement tailored and enforceable restrictions on rentals. As a stopgap, however, courts should interpret ¿residential use¿ requirements to prohibit short-term-rental activity that most closely resembles a business
Judicial Choice among Cases for Certiorari
Get PDFHow does the Supreme Court choose among cases to grant cert? In a model with a strategic Supreme Court, a continuum of rule-following lower courts, a set of potential cases for revision, and a distribution of future lower court cases, we show that the Court takes the case that will most significantly shape future lower court case outcomes in the direction that the Court prefers. That is, the Court grants cert to the case with maximum salience. If the Court is rather liberal (or conservative), then the most salient case is that which moves the discretionary range of the legal standard as far left (or right) as possible. But if the Court is moderate, then the most salient case will be a function of the skewedness of the distribution of ideologies of the lower courts and the likelihood that future cases will fall within the adjusted discretionary range. The extent of the political alignment of lower courts affects not only substantive lawmaking by the Supreme Court but also the earlier decision of whether to grant a given case cert to begin with
Regulatory Gaps in Drug Compounding: Implications for Patient Safety, Innovation, and Fraud
Get PDFDrug compounding is the practice of mixing, combining, or altering drug ingredients to create a product that meets the medical needs of a patient whose needs cannot otherwise be met with commercially-available products. Compounding is essential for patients that are allergic to certain ingredients or cannot tolerate the route of administration or dosage form of a commercially-available drug. Compounding may also enable pharmacists to supply medications when there is a shortage of commercially-available drugs. For example, amid the nationwide shortage of generic liquid Tamiflu and growing flu deaths in early 2018, pharmacists around the country used Tamiflu capsules to compound a liquid version of the drug.
Although drug compounding fills a critical need for many patients, it has also given rise to significant drug safety concerns, fraud, and anticompetitive practices. Every year, many patients experience harmful side effects and even death from compounded drugs that are contaminated or made in excessive potency because of pharmacist error. The ability of pharmacies to make and dispense drugs outside of the typical channels has also given rise to extensive fraud. Pharmacists, doctors, and company executives are routinely prosecuted for schemes to defraud insurers and the federal government into paying hundreds of millions of excess dollars for compounded drugs. In addition, some rogue pharmacies earn significant profits by mass-producing compounded drugs that are essentially copies of commercially-available drugs. These facilities put patients at risk by needlessly exposing them to unapproved drugs and jeopardize drug innovation by reducing manufacturers’ incentives to invest in the development of new products.
Many of the drug safety problems, fraudulent practices, and anticompetitive behaviors are facilitated by regulatory gaps in the oversight of drug compounding. Traditional drug manufacturers must prove that their drugs are safe and effective and manufactured in accordance with current good manufacturing practices (CGMPs) in order to obtain U.S. Food and Drug Administration (FDA) approval. In contrast, compounders need not obtain FDA approval for their drugs before selling them, and most compounders do not have to produce drugs in accordance with CGMPs. Moreover, traditional drug manufacturing facilities are subject to routine inspection by the FDA to ensure they comply with CGMPs and there are no other safety or quality concerns. In contrast, most compounders are not primarily overseen by the FDA but by state boards of pharmacy that are less consistent in their oversight—in fact, fewer than half of the states conduct routine inspections of compounding pharmacies. Finally, whereas traditional manufacturers are required to report adverse events involving their drugs to the FDA, most compounders do not have to report adverse events to either the FDA or state regulatory authorities.
This Article explains the regulatory gaps in drug compounding that give rise to drug safety problems, fraud, and anticompetitive behavior. It also proposes various measures that could be taken to close the gaps in order to protect patients, payors, and innovation
Church, State, and Family: Reconciling Traditional Teachings and Modern Liberties
No full textThis book defends the fundamental place of the marital family in modern liberal societies. While applauding modern sexual freedoms, John Witte, Jr. also defends the traditional Western teaching that the marital family is an essential cradle of conscience, chrysalis of care, and cornerstone of ordered liberty. He thus urges churches, states, and other social institutions to protect and promote the marital family. He encourages reticent churches to embrace the rights of women and children, as Christians have long taught, and encourages modern states to promote responsible sexual freedom and family relations, as liberals have long said.https://scholarlycommons.law.emory.edu/cslr-books/1003/thumbnail.jp