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Fracking as a Test of the Demsetz Property Rights Thesis

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

David A. Dana & Hannah J. Wiseman Volume 71, Issue 4, 845-900 Since its introduction in 1967, the account of property rights formation by Harold Demsetz has pervaded the legal and economic literature. Demsetz theorized that as a once-abundant, commonly shared...

The Making of the Clean Air Act

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Brigham Daniels, Andrew P. Follett, & Joshua Davis Volume 71, Issue 4, 901-958 The 1970 Clean Air Act is arguably Congress’ most important environmental enactment. Since it became law fifty years ago, much could be and has been said about how it has changed both...

Pharmaceutical “Pay-for-Delay” Reexamined: A Dwindling Practice or a Persistent Problem?

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Laura Karas, MD, MPH; Gerard F. Anderson, PhD; Robin Feldman, JD Volume 71, Issue 4, 959-974 The Supreme Court ruled in FTC v. Actavisthat a delay in generic entry may be anticompetitive when part of a patent settlement includes a large and otherwise unjustified value...

Justice Roger J. Traynor, Pragmatism, and the Current California Supreme Court

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Stephen D. Sugarman Volume 71, Issue 4, 975-1018 California Supreme Court Justice Roger J Traynor entered the debated between pragmatists and formalists, siding with the former in both his scholarly writings and in his judicial opinions, especially in torts. In this...

Generic but Expensive: Why Prices Can Remain High for Off-Patent Drugs

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Frazer A. Tessema, Aaron S. Kesselheim, Michael S. Sinha Volume 71, Issue 4, 1019-1052 Brand-name prescription drugs are sold at extremely high prices in the US because patents and other market exclusivities provided by the government allow manufacturers to exclude...

A Public Health Law Path for Second Amendment Jurisprudence

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Michael R. Ulrich Volume 71, Issue 4, 1053-1100 The two landmark gun rights cases, District of Columbia v. Hellerand McDonald v. City of Chicago, came down in 2008 and 2010, respectively. In the decade that has followed, two things have become abundantly clear. First,...

Roger Traynor, the Legal Process School, and Enterprise Liability

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Edmund Ursin Volume 71, Issue 4, 1101-1052 Roger Traynor, who served on the California Supreme Court from 1940 to 1970, the last five years as Chief Justice, was one of America’s great judges. This Article compares Traynor’s view of the lawmaking role of courts with...

Supreme Court Politics and Life Tenure: A Comparative Inquiry

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Issue 4

Kevin Costello Volume 71, Issue 4, 1053-1080 While the process of nominating and confirming justices to the U.S. Supreme Court has always been political in nature, the three most recent nominations of Merrick Garland, Neil Gorsuch, and Brett Kavanaugh illustrate the...

Putting Names to Money: Closing Disclosure Loopholes

by technology@hastingslawjournal.org | May 10, 2020 | Volume 71, Volume 71, Issue 4

Gian Gualco-Nelson Volume 71, Issue 4, 1181-1206 Elections create an opportunity for voters to get to know the candidates, but elections also give voters the opportunity to get to know their fellow voters. Campaigns are obligated to disclose the identity of their...

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