Tag: Faculty Articles ⋅ Page 1

Professor Lietzan continues to write about the FDA regulation of CBD products

In a recent editorial for Drug Discovery Today, “A special exception for CBD in foods and supplements?”, Professor Erika Lietzan and co-author Patricia J. Zettler,  write about the emerging cannabidiol (CBD) market. They explain that most foods and dietary supplements containing CBD – even CBD from hemp — violate FDA’s “drug exclusion rules.” FDA has not been taking enforcement action,…

Professor Strong Cited by Three Federal Courts

Professor S.I. Strong’s scholarship was recently cited by three federal district courts. Two cases – Widows Sons Grand Chapter of the Kings Guard Inc. v. Davenport, 2018 WL 9643183 (W.D.N.Y. June 13, 2018), and Buckley v. Universal Sewing Supply, Inc., 2019 WL 5260365 (M.D. Penn. Oct. 17, 2019) – cited her article, “Jurisdictional Discovery in United States Federal Courts,” 67 Washington and Lee…

Professor Bowman: White House Letter Distorts Both Law and History on Impeachment

In an October 9 article on Just Security, Professor Frank O. Bowman, III writes that the White House letter refusing all executive branch cooperation with the ongoing House impeachment inquiry includes three legal arguments that are without foundation. The letter claims the House impeachment inquiry is not valid because a full House vote has not been taken. There is no…

Professor Bowman – Kelly v. United States: There is no political exception to fraud

In a symposium written for SCOTUSblog, Professor Frank Bowman writes about Kelly v. United States, a case that came from the scandal known at “Bridgegate.” William E. Baroni, Jr., deputy executive director of the Port Authority of New York and New Jersey, and Bridget Anne Kelley, an aide to then Governor Chris Christie, conspired to create a major traffic jam…

Professor Schmitz Writes About the Need for Transparency at the Consumer Financial Protection Bureau

Update: The Consumer Financial Protection Bureau (CFPB) announced on September 18, 2019, that it will continue the publication of consumer complaints, data fields and narrative descriptions through the Bureau’s Consumer Complaint Database while making several enhancements to the information available to users of the database. The enhancements include: modified disclaimers to provide better context to the published data; integrating financial…

Pennsylvania Supreme Court Cites Professor Barondes’ Research

Last year, Professor Royce Barondes presented an article at a symposium on the 50th Anniversary of Terry v. Ohio. The article examines whether reasonable suspicion a person is armed is, by itself, sufficient to justify a Terry stop.Prof. Barondes concluded not, writing, “[I]t would allow a manifestly unacceptable range of ordinary activity to, by itself, justify Terry stops.” Prof. Barondes…

Professor Trachtenberg Op-Ed: U.S. Universities Must Rein in Tuition Costs

Discussing themes raised in his forthcoming law review article, The People v. Their Universities: How Popular Discontent Is Reshaping Higher Education Law, Professor Ben Trachtenberg notes in a recent op-ed in Times Higher Education that public opinion among conservative voters toward higher education has become increasingly negative since 2015. He argues that shifts in opinion are driving political intervention into the…

Professor Abrams Writes Journal of the Missouri Bar Article About the Declaration of Independence

In June 1776, the Second Continental Congress appointed 33-year-old delegate Thomas Jefferson to write the Declaration of Independence. The Virginian presented his draft two weeks later, and the full 65-delegate Congress spent two days editing it line-by-line, making about 80 changes. The consensus of historians and political scientists is that Congress’ meticulous, skillful editing bolstered the document’s elegance and assured…

Professor Schmitz Publishes Article About ODR for Smart Contracts

Professor Amy J. Schmitz recently published her article with Colin Rule, “Online Dispute Resolution for Smart Contracts” in the Journal of Dispute Resolution.  This article explains how smart contracts built in the blockchain are quietly revolutionizing traditional transactions despite their questionable status under current law. At the same time, disputes regarding smart contracts are inevitable, and parties will need means…

Professor Esbeck Publishes New Article

Professor Carl H. Esbeck’s article, “Stating a Claim Under the Establishment and Free Exercise Clauses: What Trump v. Hawaii Can Tell Us,” was just published in the Journal of Church & State. Little recognized is that the Supreme Court’s decision in Trump v. Hawaii – the case upholding President Trump’s “Muslim immigration ban” – is also a case about religious…