In a court decision in 1914 Benjamin Cardozo wrote that every human being of adult years and sound mind has a right to determine what shall be done with his own body.... Now known as the right or principle of autonomy, this concept pervades the law, undergirding virtually all rights relating to...

This Article is an invited contribution to a symposium held at Duke University Law School under the title quot;The New European Choice-of-Law Revolution: Lessons for the United States?quot; The Article disputes part of this title by contending that, unlike its American counterpart, European...

This Article proposes a modular conception of environmental regulation and natural resource management as an alternative to traditional approaches. Under traditional approaches, agencies tend to operate independently, and often at cross-purposes, using relatively inflexible regulatory tools,...

Forces entirely apart from rationality shape commercial law. A turn to aesthetics directs attention to the non-rational elements at play in this law. These suppressed elements privilege commercial actors by deterring consideration of legal limitations on commercial activity that could be...

This is the Twentieth Annual Survey of American Choice-of-Law Cases. It covers cases decided by American state or federal courts from January 1 to December 31, 2006, and reported during the same period. Of the 2,598 conflicts cases that met both of these parameters, the Survey focuses on the...

This essay address the Israeli Supreme Court decision holding that the use of physical force by the General Security Service (GSS) in the course of its interrogations of terror suspects was unauthorized by Israeli law. The Court ruled that, in the absence of explicit enabling legislation, the...

This reply declaration elaborates the November 2, 2004 declaration on behalf of corporate defendants by Kenneth Anderson in the Agent Orange product liability ATS case heard before Judge Jack B. Weinstein. I have posted the declaration and this reply declaration to SSRN because of frequent...

This 2004 expert declaration was offered on behalf of defendant corporations in Agent Orange litigation heard before Judge Jack Weinstein in 2005 as part of an Alien Tort Statute action by Vietnamese individuals and associations. I have posted it to SSRN because of the numerous requests I have...

In vivo conversion is a process, often metabolic in nature, wherein one substance, usually a chemical compound, is altered significantly by physiological pathways in the body into one or more different substances. For example, when a patient ingests a therapeutic drug, that drug is often...

Patients in the United States are routinely undertreated for pain. This problem has been widely recognized and documented in medical literature. In a seminal medical study of end-of-life care, researchers found that 50% of all patients who died during hospitalization quot;experienced moderate or...