Vol. 74, Issue 1, 2011

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COST-BENEFIT ANALYSIS OF THE BUSINESS JUDGMENT RULE: A CRITIQUE IN LIGHT OF THE FINANCIAL MELTDOWN

Tood M. Aman

This article recasts the prominent arguments for and against the business judgment rule as cost-benefit arguments.

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SECONDARY CONSIDERATIONS: A STRUCTURED FRAMEWORK FOR PATENT ANALYSIS

Jonathan J. Darrow

This article brings together the divergent strands of the secondary considerations doctrine into a single, robust framework that might be further developed by future commentators and courts.

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CARD CHECK LABOR CERTIFICATION: LESSONS FROM NEW YORK
William A. Herbert
This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures.
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PROPERTY AS CAPTURE AND CARE
Keith H. Hirokawa
This article explores the idea that property is essentially a process of negotiation between two often competing, but ultimately complementary, aims: capture and care.
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KEEPING IT SIMPLE: HEALTH PLAN BENEFIT STANDARDIZATION AND REGULATORY CHOICE UNDER THE AFFORDABLE CARE ACT
Troy J. OechsnerMagda Schaler-Haynes
This article focuses on some of those options created by the ACA for federal and state regulators regarding standardizing benefits and referrals, and examines the policy rationales and practical implications...
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LEGAL MATTER: PEER-TO-PEER FILE SHARING, THE DIGITAL MILLENNIUM COPYRIGHT ACT, AND THE HIGHER EDUCATION OPPORTUNITY ACT: HOW CONGRESS AND THE ENTERTAINMENT INDUSTRY MISSED AN OPPORTUNITY TO STEM COPYRIGHT INFRINGEMENT
Joseph StorchHeidi Wachs
This article analyzes illegal file sharing in higher education and how legal requirements create additional work for colleges, but do little to stem the problem of illegal file sharing.

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THE GOOD, THE BAD, AND THE HEALTHY: HOW SPINDLE-CHROMOSOMAL COMPLEX TRANSFER CAN IMPROVE THE FUTURE

Nicole Baffi

This paper argues that new biomedical technology, whose purpose is to prevent children from suffering from disease, should not be unduly hindered by regulations or restrictions on human clinical trials.

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S.O.S. FROM THE FDA: A CRY FOR HELP IN THE WORLD OF UNREGULATED DIETARY SUPPLEMENTS

Joseph K. Dier

This comment examines the numerous American statutes and regulatory framework surrounding the dietary supplement industry and concludes there is a need for new legislation and solutions.

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THE FUTURE OF HONEST SERVICES FRAUD

Jennifer I. Rowe

This comment suggests that further legislation is needed to delineate an acceptably clear standard for criminalizing nondisclosure of a conflict of interest.

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FOREWORD: BIG OIL, BIG CONSEQUENCES, AND THE BIG UNKNOWN: EXPLORING THE LEGAL, REGULATORY, AND ENVIRONMENTAL IMPACT OF THE GULF OIL SPILL
Elise C. Powers
Foreword to symposium on Gulf Oil Spill.
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THE GULF OIL SPILL: THE ROAD NOT TAKEN
Richard Oliver Brooks
This article recommends the refunding of the Technology Assessment Act and its reform. The Act should be focused upon the complete technological process, and not simply specific machinery.
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POST-DEEPWATER HORIZON: THE CHANGING LANDSCAPE OF LIABILITY FOR OIL POLLUTION IN THE UNITED STATES
Vincent J. Foley
This article argues that the framework of oil spill liability laws has proven to be effective in reducing the size and number of oil spills, and fairly compensates victims.
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CRISIS IN THE GULF OF MEXICO: IS NEW FEDERAL LEGISLATION THE ANSWER AND IF SO, TO WHAT QUESTION?
Aaron Gershonowitz
This essay discusses how the Deepwater Horizon incident raises significant questions about whether the existing compensation scheme creates the appropriate safety incentives.
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DISASTERS AND ECOSYSTEM SERVICES DEPRIVATION: FROM CUYAHOGA TO THE DEEPWATER HORIZON
Keith H. Hirokawa
This essay considers the relationship between environmental disasters and the process of valuing ecosystem services.
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ANALYSIS OF ENVIRONMENTAL AND ECONOMIC DAMAGES FROM BRITISH PETROLEUM’S DEEPWATER HORIZON OIL SPILL
Lawrence C. Smith Jr.L. Murphy SmithPaul A. Ashcroft
This study examines the environmental and economic damages caused by British Petroleum’s Deepwater Horizon oil spill in the spring and summer of 2010.
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BRIDGING THE GULF: USING MEDIATED, CONSENSUS-BASED REGULATION TO RECONCILE COMPETING PUBLIC POLICY AGENDAS IN DISASTER MITIGATION
Michael N. Widener
The best accommodation of the vital interests of adversarial stakeholders will require significant, collective intelligence of informed citizens from myriad walks of life.

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