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Forensics, , Chicken Soup, and Meteorites: A Tribute to Michael Risinger
(Seton Hall Law Review, 2018)
Michael Risinger's scholarship has had a profound impact on our field. And while his work has run the gamut in evidence law, I think it is clear that Michael's true love has always been expert evidence, and more specifically, ...
Reframing the Proportionality Principle
(Vanderbilt Journal of Transnational Law, 2018)
Proportionality functions as one of the most important legal constraints applicable to the conduct of hostilities. In that context, this short essay discusses the commonly encountered misapplications of Cicero's classic ...
Legal Strategies for Economic Empowerment of Persons in Recovery
(West Virginia Law Review, 2018)
Substance use disorders, which afflict nearly 8% of the U.S. population, exact a devastating human and economic toll. The opioid epidemic has caused overdose deaths to quadruple since 1999. In 2013 alone, the epidemic ...
Insurance Coverage Policies for Pharmacogenomic and Multi-Gene Testing for Cancer
(Journal of Personalized Medicine, 2018)
Abstract: Insurance coverage policies are a major determinant of patient access to genomic tests. The objective of this study was to examine differences in coverage policies for guideline-recommended pharmacogenomic tests ...
Music As a Matter of Law
(Harvard Law Review, 2018)
What is a musical work? Philosophers debate it, but for judges the answer has long been simple: music means melody. Though few recognize it today, that answer goes all the way back to the birth of music copyright litigation ...
Constrained Regulatory Exit in Energy Law
(Duke Law Journal, 2018)
In recent years, the federal government’s efforts to open up competitive electricity markets have transformed how we think about the regulation of energy. In many respects, the Federal Energy Regulatory Commission’s (FERC) ...
Principles of Risk Assessment
(Ohio State Journal of Criminal Law, 2018)
Risk assessment — measuring an individual’s potential for offending — has long been an important aspect of criminal justice, especially in connection with sentencing, pretrial detention and police decision-making. To aid ...
International Human Rights Law
(Marquette Law Review, 2018)
It is a great honor to deliver this lecture in honor of the late Dean Robert F. Boden. I am grateful to all of you for attending. My topic tonight is international law and peace among nations. It may seem a poor fit for a ...
Debating the Past's Authority in Alabama
(Stanford Law Review, 2018)
In 2015, the city council of Birmingham, Alabama enacted an ordinance establishing a local minimum wage of $10.10 an hour-a significant raise for the city's low-income workers from the federal floor of $7.25. The ordinance ...
The Idea of the Criminal Justice System
(American Journal of Criminal Law, 2018)
The phrase "the criminal justice system " is ubiquitous in discussions of criminal law, policy, and punishment in the United States-so ubiquitous that, at least in colloquial use, almost no one thinks to question the ...