By Mark Bartholomew. Full text here. Abstract: “This Article predicts trademark law’s impending neural turn. A growing legal literature debates the proper role of neuroscientific evidence. Yet outside of criminal law, analysis of neuroscientific evidence in the courtroom has been lacking. This is a mistake given that most of the applied research into brain function focuses…

By Megan Stevenson. Full text here. Abstract: “Recent years have seen a rush toward evidence-based tools in criminal justice. As part of this movement, many jurisdictions have adopted actuarial risk assessment to supplement or replace the ad-hoc decisions of judges. Proponents of risk assessment tools claim that they can dramatically reduce incarceration without harming public safety.…

By Elizabeth C. Tippett. Full text here. Abstract: “This Article examines the implications of the MeToo movement for employment law and employment practices. Employers are likely to face increased liability for harassment, as courts eventually update their standards for what qualifies as “severe or pervasive” harassment, and demand more of employers seeking to establish the Faragher/Ellerth…

By Jodi L. Short. Full text here. Abstract: “With the issuance of Executive Order 13,771, which requires agencies to repeal two regulations for every one they propose, regulation counting has become a cornerstone of deregulatory policy in the Trump Administration. This Article situates the 2- for-1 Order in a larger intellectual project that has long sought to…

Foreward: Introduction to Decentralization and Development By Shitong Qiao & Richard A. Epstein Available here.

The Morality of Compulsory Licensing as an Access to Medicines Tool By Margo A. Bagley. Full Text Here Drug prices are soaring in rich and poor countries and are reducing access to medicines for many people who need them the most. Nevertheless, efforts by governments, activists, scholars, and others to reduce costs through mechanisms such…

Drug Approval in a Learning Health System By W. Nicholas Price II. Full Text Here. The current system of Food and Drug Administration (FDA) approval seems to make few happy. Some argue that FDA approves drugs too slowly; others, too quickly. Many agree that FDA—and the health system generally—should gather information after drugs are approved to…

Regulatory Silence at the FDA By Jordan Paradise. Full Text Here. Action speaks louder than words, but silence often speaks loudest. Where statutory language specifically directs a federal administrative agency to act, the agency must adhere to the conditions and timeframe provided by Congress. Yet the statute may instead give general authority to an agency,…

Dangerous Times: The FDA’s Role in Information Production, Past and Future By Amy Kapczynski. Full Text Here. The FDA faces many current threats to its power as a drug regulator. Many so-called right-to-try bills have passed at the state level, and versions have been introduced federally that could reduce or eliminate the Agency’s ability to oversee…

Delinking Reimbursement By Rachel E. Sachs. Full Text Here. Over the past few years, calls for the Food and Drug Administration (FDA) to approve pharmaceuticals more speedily have grown louder. At the same time, many have argued that America’s drug pricing problems can be solved if only Congress were to give Medicare the authority to…