The Prioritization of Criminal over Civil Counsel and the Discounted Danger of Private Power
Kathryn A. Sabbeth
This Article seeks to make two contributions to the literature on the role of counsel. First, it brings together civil Gideon research and recent studies of collateral consequences. Like criminal convictions, civil judgments result in far-reaching collateral consequences, and these should be included in any evaluation of the private interests that civil lawyers protect. Read more...
Renewing Electricity Competition
The scholarly literature on law and social movement has historically focused on public law issues like environmentalism, reproductive rights, and race relations, while staying far away from business and firm behavior. Business behavior was easily understood as that of self-interested profit-maximizers and thereby left to the economics. Recently, however, social movement theorists have begun paying more attention to the business world. Read more...
The Moral Hazard of Contract Drafting
Eric A. Zacks
This Article identifies and examines the principal-agent problem as it arises in the con-text of contract preparation. The economic agency relationship, as it may be understood to exist for contract drafting, provides a superior framework for understanding and reforming the inability of the non-drafting party (the principal) to control the drafting party (the agent). As an economic agent, the drafting party faces a moral hazard when preparing the contract because of the differing interests of the parties as well as the information and control asymmetries that exists. Read more...
Implementing a Carbon Tax in Florida under the Clean Power Plan: Policy Considerations
On June 2, 2014, the United States Environmental Protection Agency (EPA) announced the Clean Power Plan (CPP), an administrative rulemaking with the goal of reducing greenhouse gas (GHG) emissions from stationary electrical generating units (EGUs). The United States has made progress in reducing greenhouse gas emissions (10% below 2005 levels) but is still far from President Obama’s earlier pledge to reduce GHG emissions to 17% below 2005 levels by 2020. Read more...
The Medical Liability Exemption: A Path to Affordable Pharmaceuticals?
Carrie E. Rosato
Patent monopolies are tolerated because we believe they promote progress that benefits society. What should be done when these monopolies actually increase human suffering? Drug prices in America are fifty to eighty percent higher than the rest of the world, meaning many cannot afford drugs that will improve or even save their lives. When striking a bal-ance between the interests of the patent holder and that of the public, it is important to bear in mind that the rewards granted to patentees are secondary to the public benefit derived from their labors. Read more...