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All Volumes | Volume 87 | Issue 1

The Financial Crisis and the Forgotten Law of Contracts

George M. Cohen | Article

At the bottom of the financial crisis lie failed contracts. Failed contracts are the stuff of contract law. Yet, to date, most discussions of possible responses to the financial crisis ignore contract law. To the extent contract law makes an appearance, the assumption is usually that the contracts at issue should and will be strictly enforced, so there is not much more to say. Contract law, however, is not dead. Nor is it impotent; it has just been forgotten. This Article explores how courts could use a number of contract doctrines to address perhaps the biggest remaining problem resulting from [...]

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A Constructive Critique of Public Health Arguments for Antiobesity Soda Taxes

Katherine Pratt | Article

This Article constructively critiques the two arguments that public health advocates have made in support of antiobesity soda taxes or junk food taxes. Part II discusses and critiques the first argument, an economic externalities argument that government should tax soda or junk food to internalize the disproportionately high health care costs of obesity. Part II also explores an alternative economic internalities argument for food or soda taxes, with a focus on incomplete information, bounded rationality, and bounded willpower. Part III discusses and critiques the second argument made by public health advocates, that government should adopt antiobesity measures to improve population-wide [...]

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The Painless Truth: Challenging Fetal Pain-Based Abortion Bans

Lindsay J. Calhoun | Comment

After her arrest for an alleged violation of title 18, section 606 of the Idaho Code, which criminalizes all abortions not performed by a physician in Idaho, Jennie Linn McCormack, a thirty-two-year-old mother of three and resident of southeast Idaho, brought a lawsuit challenging three aspects of Idaho’s abortion statute. McCormack’s lawsuit includes a challenge to the constitutionality of Idaho’s Pain-Capable Unborn Child Protection Act, which makes it illegal for a woman to receive an abortion when the “probable postfertilization age of the woman’s unborn child is twenty (20) or more weeks.” Although the United States District Court for the [...]

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Low-Profit Limited Liability Companies (L3Cs): Many Traps for the Unwary

Christopher D. Hilton | Comment

Amid a sluggish economy and fiscal challenges at every level of government, the low-profit limited liability company (L3C) has spread rapidly over the past four years, promising a way to spur investment in small businesses and achieve socially beneficial goals with minimal governmental expense or oversight. The L3C’s calculated and focused marketing campaign has convinced eight states, including Louisiana, to adopt this new business structure, but the substance of this corporate form leaves much to be desired. Although the L3C is designed to combine investment capital from nonprofit foundations and private investors, the current L3C laws fail to deliver on [...]

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The Emergence of Neuroscience Evidence in Louisiana

Sydney B. Roth | Comment

Law and science intersect in many arenas. For instance, an Internet search containing the words “law” and “science” immediately produces countless results ranging from playful “Law School vs. Med School” blogs, to more substantive law and science pairings including interdisciplinary “Law and Neuroscience” research efforts and various “Law and Science” periodicals. Despite this apparent connection between the two fields of study, it has resulted in a great deal of debate, particularly when science enters the courtroom. Nevertheless, the use of neuroscience evidence is on the rise, as indicated by a doubling of cases in the United States involving neuroscience evidence [...]

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  • Directory

    • All Volumes
      • Volume 87
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 86
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6
      • Volume 85
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5 & 6
      • Volume 84
        • Issue 1
        • Issue 2
        • Issue 3
        • Issue 4
        • Issue 5
        • Issue 6

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