The Download of the Week is Text is Not Law by Erik Encarnacion. Here is the abstract:
The Supreme Court’s landmark decision in Bostock v. Clayton County provides further fodder for debates about textualism, given the dueling opinions of Justices Gorsuch, Alito, and Kavanaugh, each of which purports to apply textualist reasoning correctly. But in a little-remarked-upon passage,
Intellectual Property
Legal Theory Bookworm: Bounded Rationality by Dhami & Sunstein
The Legal Theory Bookworm recommends Bounded Rationality: Heuristics, Judgment, and Public Policy by Sanjit Dhami & Cass R. Sunstein. Here is a description:
Bounded rationality recognizes that human behavior departs from the perfect rationality assumed by neoclassical economics. In this book, Sanjit Dhami and Cass R. Sunstein explore the foundations of bounded rationality and consider the…
Sax on Vaccine Hesitancy
Joanna Sax (California Western School of Law) has posted COVID-19 Vaccine Hesitancy and (Mis)perception of Risk (American Journal of Law & Medicine 2022, vol. 48, pages 54-90) on SSRN. Here is the abstract:
This Article tackles the critical problem of COVID-19 vaccine hesitancy and provides a normative framework for legal policies to address such hesitancy…
Celltrion Files IND with FDA for Adalimumab Biosimilar
As reported by Pulse and DailyPharm Korea, Celltrion recently filed an Investigational New Drug (IND) application with the FDA for a global Phase 3 clinical trial aimed at demonstrating its biosimilar’s (YUFLYMA) interchangeability with HUMIRA (adalimumab). The trial will evaluate the pharmacokinetics, efficacy, and safety of YUFLYMA in 366 patients with plaque psoriasis. Celltrion…
Stark, Bernhardt, Mills, & Robison on Re-Indigenizing Yellowstone
Kekek Stark (Alexander Blewitt III School of Law), Autumn Bernhardt (Colorado State University Honors Program), Monte Mills (University of Montana – Alexander Blewett III School of Law), & Jason Robison (University of Wyoming – College of Law) have posted Re-Indigenizing Yellowstone (Wyoming Law Review, Vol. 22, No. 2, 2022) on SSRN. Here is the abstract:
Prepared for the…
Hafetzepartment of Homeland Secutiry v. Thuraissigiam
Jonathan Hafetz (Seton Hall Law School) has posted The Suspension Clause after Department of Homeland Security v. Thuraissigiam (St. John’s Law Review , Vol. 95, No. 2, 2022) on SSRN. Here is the abstract:
This article examines the Supreme Court’s 2020 decision in Department of Homeland [Security] v. Thuraissigiam. In Thuraissigiam, the Court upheld Congress’s…
Shanor & Light on Greenwashing and the First Amendment
Amanda Shanor (University of Pennsylvania – The Wharton School) & Sarah E. Light (University of Pennsylvania, The Wharton School – Legal Studies & Business Ethics Department) have posted Greenwashing & the First Amendment (Columbia Law Review, Forthcoming 2022) on SSRN. Here is the abstract:
Recent explosive growth in environmental and climate-related marketing claims by business firms…
Meyer & Sitarman on National Security and the Major Questions Doctrine
Timothy Meyer (Duke University School of Law) & Ganesh Sitaraman (Vanderbilt Law School) have posted The National Security Consequences of the Major Questions Doctrine on SSRN. Here is the abstract:
The rise of the major questions doctrine—the rule that says that in order to delegate to the executive branch the power to resolve a “question of…
Solove & Hartzog on Privacy and Data Security
Daniel J. Solove (George Washington University Law School) & Woodrow Hartzog (Boston University School of Law; Stanford Law School Center for Internet and Society) posted Unifying Privacy and Data Security (Chapter 7 of BREACHED! WHY DATA SECURITY LAW FAILS AND HOW TO IMPROVE IT (Oxford University Press 2022)) on SSRN. Here is the abstract:
This…
Sentencing Commissioners confirmed…
…finally.Here they are:Judge Carlton W. Reeves: Nominee for Commissioner and Chair of the United States Sentencing CommissionJudge Carlton W. Reeves has served as a United States District Court Judge for the Southern District of Mississippi since 2010….Laura Mate: Nominee for Commissioner and Vice Chair of the United States Sentencing CommissionLaura Mate has served as the…