The Vaccine Race in the 21st Century

In a world where infectious diseases spread at increasingly faster rates, the development of new human vaccines remains a priority in biopharmaceutical innovation. Legal scholars have addressed different aspects of vaccine regulation and administration, but less attention has been paid to the role of laws governing innovation during the stages of research and development (“R&D”) of vaccines.

This Article explores the race to develop new vaccines from its beginnings through the early twen…

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A Common Law of Zoning

This Article for the first time identifies a common law of zoning, describes the typology of this essential and overlooked element of American land use law, and establishes the historical and structural context for its pervasive set of rules and principles. Over the past 100 years, American judges, filling in the gaps and resolving the ambiguities of a surprisingly uniform set of state enabling statutes, have produced this body of common law. The story will take the reader to Iowa cornfields th…

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Consultants, The Environment, and The Law

Conventional wisdom assumes that private-sector businesses will oppose, undermine, or distort government regulation. That assumption also underpins many areas of theoretical inquiry; theorists commonly assume that effective public-law regimes must be protected from the self-interested machinations of businesses, or that such protection is such a lost cause that most public regulation is doomed to fail. This Article investigates a different set of relationships between businesses and regulation….

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Deconstructing the Disciplined Student Narrative and Its Impact on Campus Sexual Assault Policy

The national discourse about campus sexual assault is currently dominated by two powerful narratives: the student survivor narrative and the disciplined student narrative. These narratives continue to shape and inform the public’s understanding of campus sexual assault and the role of colleges and universities in preventing and responding to sexual assault. Unlike the student survivor narrative developed and shared directly by students, the disciplined student narrative is more layered and less…

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Cruel and Unusual Prison Healthcare: A Look at the Arizona Class Action Litigation of Parsons v. Ryan and Systemic Deficiencies of Private Health Services in Prison

In 1976, the United States Supreme Court established an incarcerated person’s constitutional right to healthcare in Estelle v. Gamble. In 2012, in an Arizona District Court, 14 incarcerated persons formed a class alleging the Arizona Department of Corrections was violating this constitutional right. Six years after that initial filing, the Arizona Department of Corrections was held in contempt for violating a settlement agreement it had reached with the plaintiff class. Multiple hearings reveal…

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The Wild, Wild West: A Case Study of Self-Driving Vehicle Testing in Arizona

The tragic March 18, 2018 death of Elaine Herzberg, a pedestrian fatally hit by an Uber self-driving vehicle prototype, brought self-driving testing and technology to the forefront of national media. The laissez-faire attitude of Arizona’s government in inviting such nascent technology into the state, without much forethought to the dangers it may bring, must be critically evaluated to set a safety-forward precedent for the rest of the country. A middle ground must be established through a legi…

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Current Issue

Sue First, Negotiate Later

One of the more curious features of patent law is that patents can be challenged by anyone worried about being sued. This challenge right allows potential defendants to file a…
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Extremely Broad Laws

Extremely broad laws offend due process. Although the problem has not been lost on courts, their solution to date has been haphazard: casting breadth as a species of uncertainty—ambiguity or…
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