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How and Why Did it Go So Wrong?: Theranos as a Legal Ethics Case Study
(Georgia State University Law Review 427 (2021), 2021)
The Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou's Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons ...
Antitrust’s High-Tech Exceptionalism
(Yale Law Journal Forum, 2021)
American competition policy has four big problems: Amazon, Apple, Facebook, and Google. These companies each reign over a sector of the digital marketplace, controlling both the consumer experience and the possibility of ...
The Role of Private Environmental Governance in Climate Adaptation
(Frontiers Climate, 2021-09-10)
This Article examines the role of private environmental governance (PEG) in climate change adaptation. PEG occurs when private organizations perform traditionally governmental functions such as providing public goods and ...
Many Minds, Many MDL Judges
(Law and Contemporary Problems, 2021)
Over his long career, Francis McGovern was a leading supporter of decentralizing the fact finding that goes on in multidistrict litigation (MDL). His advocacy of letting torts "mature" gave rise to the sampling that takes ...
Changing Counterspeech
(Cleveland State Law Review, 2021)
A cornerstone of First Amendment doctrine is that counterspeech - speech that responds to speech, including disfavored, unpopular, or offensive speech - is preferable to government censorship or speech regulation. The ...
A Regulatory Policy Strategy for Protecting Immigrant Workers
(Seton Hall Law Review, 2021)
Immigration has become a focal point of many political campaigns, most notably that of President Trump in 2016 and again in 2020. Populist rhetoric also decries immigrant workers for taking Americans' jobs and depressing ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
Direct-to-Consumer Genetic Testing: Prospective Users' Attitudes Toward Information About Ancestry and Biological Relationships
(PLoS One, 2021)
Direct-to-consumer genetic testing is marketed as a tool to uncover ancestry and kin. Recent studies of actual and potential users have demonstrated that individuals’ responses to the use of these tests for these purposes ...
How to Treat the WTO's Problem with Precedent
(Vanderbilt Journal of Transnational Law, 2021)
This Article argues that the World Trade Organization's Appellate Body (AB), or a successor body, must become more transparent in justifying its decision to rely (or not) on prior decisions. The AB's practice of precedent-which ...
Distributing Attorney Fees in Multidistrict Litigation
(Journal of Legal Analysis, 2021)
As consolidated multidistrict litigation has come to dominate the federal civil docket, the problem of how to divide attorney fees among participating firms has become the source of frequent and protracted litigation. For ...