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International Law and the New Cold War : An Opportunity for Reflection on International Law and the Old Cold War
Get PDFOpioid Lawsuits: Is There Any End in Sight?
Get PDFThe opioid epidemic has led to a surge in litigation against opioid manufacturers, distributors, and retail pharmacy chains. This article provides a comprehensive overview of the legal landscape surrounding opioid lawsuits. It discusses the chemical nature of opioids, marketing practices of Purdue Pharma and others, and the largely unsuccessful personal injury cases brought against Purdue by private individuals prior to 2014. The article also examines the public nuisance doctrine—the most popular liability theory invoked by government plaintiffs—and analyzes three of the most important litigation pathways: (1) suits by individual government entities, usually states; (2) multidistrict litigation (MDL); and (3) bankruptcy proceedings. Finally, it considers some of the problems associated with the adjudication and settlement of mass tort cases such as opioid litigation. [AI generated abstract
Washington’s Capital Gains Tax Isn’t an Income Tax
Get PDFThis article considers a widely noted decision of the Supreme Court of Washington, Quinn v. Washington, concluding that a state capital gains tax enacted in 2021 is not subject to the stringent limitations in the state constitution applicable to property taxes. That result was a surprise to many in that Washington courts for nearly a century had treated income taxes as property taxes for this purpose, and what is a tax on realized capital gains other than an income tax? This article sets out the constitutional requirements, explains the taxing statute, and critiques the Court’s decision
Climate Liberalism: Introduction
No full textClimate change and other large-scale pollution problems challenge the classical-liberal intellectual tradition, particularly its emphasis on property rights and decentralized authority. While classical-liberal thinkers have explained how competitive markets and property rights encourage efficiency, innovation, and sustainable utilization, less attention has been paid to the more difficult environmental challenges that have come to the fore in the twenty-first century. This book, Climate Liberalism: Perspectives on Liberty Property, and Pollution, seeks to fill this gap by examining the extent to which classical-liberal principles, including an emphasis on property rights, decentralized authority and dynamic markets, can inform policy approaches to large-scale pollution problems, including climate change. The contributors represent multiple academic disciplines and perspectives. Some would consider themselves to be classical liberals, others would not. Chapters consider the role of property rights and common-law legal systems in controlling pollution, the extent to which competitive markets backed by legal rules encourage risk minimization and adaptation, and how to identify the sorts of policy interventions that may help address climate change in ways that are consistent with liberal values. This introduction sets the stage with an overview of classical-liberal approaches to environmental protection, including where such approaches have succeeded and failed, and an explanation of why it is necessary to evaluate the potential for such approaches to inform pollution control policies in general and climate-change policy in particular
Nature and the Firm
No full textSome pollution problems may be resolved by defining, delimiting, and enforcing property rights. The problem in all but the simplest scenarios, however, is that neither legal enforcement of property rights against pollution nor low transaction costs can be assumed. This often leads to calls for administrative regulation. Yet reliance upon property rights does not necessitate relying upon individuated property owners acting in an atomistic fashion nor is government intervention the only appropriate response to high transaction costs. Just as firms often utilize centralized command structures to increase production, private institutional structures – “firms” – may be capable of dealing with transaction costs more effectively than the government alternative. This chapter in Climate Liberalism: Perspectives on Liberty, Property and Pollution, explores the potential of firms and other property-based institutional arrangements to resolve pollution problems that may otherwise call for regulation
Is the Clean Water Act Obsolete?
Get PDFThe Clean Water Act (CWA) is fifty years old and has not been meaningfully revised in 35 years. Over this time, the CWA has helped to protect and improve water quality, but substantial water quality challenges remain including (but not limited to) nonpoint source water pollution. Given these challenge\u27s and dramatic changes in the nature of and scientific understanding of today’s water quality challenges, it is appropriate to ask whether the CWA remains capable of fostering further environmental progress or whether it is obsolete. Prepared for the Case Western Reserve Law Review symposium on “The Clean Water Act at 50,” this essay explores the concept of statutory obsolescence, considers the question of whether the CWA is obsolete, and what might be done about it
“Leader-Follower Relational Dynamics forSustained Ethical Leadership: A Leader-MemberExchange Perspective”
Get PDFThe People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him
No full textEvent Description
For thirty years, Clarence Thomas has been denounced as the “cruelest justice,” a betrayer of his race, an ideologue, and the enemy of the little guy. In this compelling study of the man and the jurist, Amul Thapar demolishes that caricature.
Every day, Americans go to court. Invoking the Constitution, they fight for their homes, for a better education for their children, and to save their cities from violence. Recounting the stories of a handful of these ordinary Americans whose struggles for justice reached the Supreme Court, Thapar shines new light on the heart and mind of Clarence Thomas.
A woman in debilitating pain whose only effective medication has been taken away by the government, the motherless children of a slain police officer, victims of sexual assault— read their eye-opening stories, stripped of legalese, and decide for yourself whether Thomas’s originalist jurisprudence delivers equal justice under law.
“Finding the right answer,” Justice Thomas has observed, “is often the least difficult problem.” What is needed is “the courage to assert that answer and stand firm in the face of the constant winds of protest and criticism.”
That courage—along with wisdom and compassion—shines out from every page of The People’s Justice. At the heart of this book is the question: Would you want to live in Justice Thomas’s America? After reading these stories, even his critics might be surprised by their answer. Speaker Bio
Amul R. Thapar serves as a judge on the United States Court of Appeals for the Sixth Circuit. His judicial career began in 2007 when President George W. Bush nominated him to serve on the Eastern District of Kentucky, making him the first South Asian Article III judge in American history. In 2017, he became President Donald J. Trump’s first appellate court nominee.
Before joining the bench, Thapar served as the United States Attorney for the Eastern District of Kentucky. While United States Attorney, Thapar worked on the Attorney General’s Advisory Committee (“AGAC”) and chaired the AGAC’s Controlled Substances and Asset Forfeiture subcommittee. He also served on the Terrorism and National Security subcommittee, the Violent Crime subcommittee, and the Child Exploitation working group. Thapar has worked in private practice, at Williams & Connolly in Washington, D.C., and Squire, Sanders & Dempsey in Cincinnati, Ohio. He also served as an Assistant United States Attorney in both the Southern District of Ohio and the District of Columbia.
Thapar received his undergraduate degree from Boston College and his law degree from the University of California, Berkeley. After graduating, Thapar worked as a law clerk to the Honorable S. Arthur Spiegel of the United States District Court for the Southern District of Ohio and the Honorable Nathaniel R. Jones of the United States Court of Appeals for the Sixth Circuit.
Thapar is the author of The People’s Justice: Clarence Thomas and the Constitutional Stories that Define Him. He has also published law review articles in the Yale Law Journal, Michigan Law Review and Catholic University Law Review. He teaches courses on originalism, the Federalists and Anti-Federalists, habeas corpus and legal writing at Notre Dame Law School, the University of Virginia School of Law and Vanderbilt Law School. Event Locatio
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