American Business Law Journal最新文献_第7页

Symposium, Cannabis—Legal, Ethical, and Compliance Issues: Introduction 研讨会，大麻-法律，伦理和合规问题:导言

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12176

Gideon Mark, Laurie A. Lucas

引用次数: 0

Cannabis Regulatory Confusion and Its Impact on Consumer Adoption 大麻监管混乱及其对消费者采用的影响

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12171

Stephanie Geiger-Oneto, Robert Sprague

{"title":"Cannabis Regulatory Confusion and Its Impact on Consumer Adoption","authors":"Stephanie Geiger-Oneto, Robert Sprague","doi":"10.1111/ablj.12171","DOIUrl":"10.1111/ablj.12171","url":null,"abstract":"The regulation of cannabis in the United States is inconsistent and contradictory, to put it mildly. While marijuana remains classified as a Schedule I substance under the federal Controlled Substance Act—in the same category as heroin and morphine, with accompanying criminal penalties up to and including life imprisonment for its production, distribution, and possession—as of the end of 2020, eleven states and the District of Columbia had legalized recreational marijuana use and thirty-six states and the District of Columbia had decriminalized the use of marijuana for medical purposes. Despite the trend toward legalization, however, marijuana is a stigmatized product. Stigmatized products are those toward which a significant portion of consumers hold negative attitudes and beliefs, whereas the concept of legitimacy is defined as a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions. This article addresses how current legislation and regulations influence consumer perceptions of a product category, and how conflicting regulations (or the lack of regulations) influence the adoption of a stigmatized product such as cannabis (i.e., marijuana and cannabidiol products)","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"57 4","pages":"735-772"},"PeriodicalIF":1.2,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12171","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42689800","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Cultivating Evidence-Based Pathways for Cannabis Product Development: Implications for Consumer Protection† 培育大麻产品开发的循证途径：对消费者保护的影响†

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12173

Aubree L. Walton, Kaimee Kellis, William E. Tankersley, Rikinkumar S. Patel

{"title":"Cultivating Evidence-Based Pathways for Cannabis Product Development: Implications for Consumer Protection†","authors":"Aubree L. Walton, Kaimee Kellis, William E. Tankersley, Rikinkumar S. Patel","doi":"10.1111/ablj.12173","DOIUrl":"10.1111/ablj.12173","url":null,"abstract":"Disparities between federal and state cannabis regulation, coupled with protracted federal enforcement, have facilitated the proliferation of a multi–billion dollar cannabis industry that generally evades compliance with federal consumer protection laws. The Federal Food, Drug and Cosmetic Act (FDCA) established regulatory pathways for the lawful development of products such as food, drugs, and dietary supplements. The FDCA uses a science-based approach to protect consumers from harmful products, but early inconsistencies between state and federal cannabis regulation prevented and/or discouraged the cannabis industry from complying with FDCA requirements. Cannabis products are promoted as safe and attributed with providing effective therapeutic treatment for numerous medical conditions, yet the claims often lack the rigorous evidence-based support typically expected by regulators and the medical community. The Food and Drug Administration (FDA) has announced its expectation that cannabidiol (CBD) products comply with the FDCA and follow a science-based approach to product development. The FDA is addressing violations involving unsubstantiated CBD health claims and is working to clarify the future regulatory pathway for CBD products. Meanwhile, the state-approved cannabis market continues to operate, selling numerous products that have circumvented the FDCA consumer protections. This article examines the need for strengthening consumer protections in the cannabis market. We use evidence-based medicine as a model to address the importance of science-based product development and to contextualize a science-based comparison of regulatory pathways for cannabis drugs, food, and dietary supplements.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"57 4","pages":"773-825"},"PeriodicalIF":1.2,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12173","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46039969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Taxing Cannabis on the Reservation 对保留地大麻征税

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12174

Mark J. Cowan

引用次数: 0

Medical Marijuana Registries: A Painful Choice? 医用大麻注册：痛苦的选择？

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12170

Kimberly A. Houser, Janine Hiller

{"title":"Medical Marijuana Registries: A Painful Choice?","authors":"Kimberly A. Houser, Janine Hiller","doi":"10.1111/ablj.12170","DOIUrl":"10.1111/ablj.12170","url":null,"abstract":"Though the medical use of marijuana is legal in thirty-three states, it remains illegal under the federal Controlled Substances Act. Any marijuana use can subject individuals to severe criminal and civil penalties under federal law. States that condition patient access and treatment on registration in a state database impose real risks on their citizens. Although many scholars have written about the tension between federal and state treatment of marijuana, this is the first article to examine marijuana patient registry privacy and fundamental rights issues. This article first reviews the relationship between marijuana use and patient treatment, with a focus on health-care and privacy rights under state and federal law. The article then explains how marijuana registries compare to broader patient registries, such as contagious disease and other medical condition patient registries, and the unique issues presented by marijuana patient registries. It then discusses the elevated risk to constitutional, privacy, and fundamental rights that may result if states do not carefully construct marijuana registries. The article concludes by proposing principles for how both states and dispensaries should approach marijuana registries in order to provide health benefits and avoid harm to patients.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"57 4","pages":"827-865"},"PeriodicalIF":1.2,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12170","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48863690","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Caremark Compliance for the Next Twenty-Five Years Caremark未来二十五年的合规性

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12179

Robert C. Bird

{"title":"Caremark Compliance for the Next Twenty-Five Years","authors":"Robert C. Bird","doi":"10.1111/ablj.12179","DOIUrl":"10.1111/ablj.12179","url":null,"abstract":"One of the most influential cases in corporate governance is In re Caremark International Inc. Derivative Litigation (Caremark). In 1996, Caremark imposed a novel duty on boards of directors to make a good faith attempt to implement and exercise oversight over obligations leading to liability. Breach of this minimal duty has been difficult for plaintiffs to plead and prove, and the case law is littered with dismissed Caremark lawsuits. As Caremark's reign reaches a quarter-century, however, its duties are primed to evolve. Two cases, Marchand v. Barnhill and In re Clovis Oncology, Inc. Derivative Litigation, took the rare step of allowing Caremark claims to survive motions to dismiss. These cases signal a new understanding of Caremark obligating boards not merely to attempt oversight, but to ensure proactively that such oversight is effective. This subtle but significant change in board duties is one to which the academic literature should respond. This article first reviews the Marchand and Clovis cases and argues that these cases hold significance for the future of Caremark claims. Second, this article studies client advisories from law firms and other sources that evaluate the Clovis and Marchand cases. It finds that while these advisories offer useful tactical responses, they lack strategic advice that would benefit boards over the long term. Filling the gap, this article presents long-term strategic advice for boards not only to meet Caremark duties but also to thrive as exemplars of good governance and ethical leadership for the next twenty-five years.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"58 1","pages":"63-119"},"PeriodicalIF":1.2,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12179","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44859003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Free Agency for the Front Office: How Data Analytics and Noncompete Agreements Threaten to Disrupt Competitive Balance in U.S. Professional Sports Leagues 前台的自由市场:数据分析和竞业禁止协议如何威胁破坏美国职业体育联盟的竞争平衡

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12180

Nathaniel Grow

{"title":"Free Agency for the Front Office: How Data Analytics and Noncompete Agreements Threaten to Disrupt Competitive Balance in U.S. Professional Sports Leagues","authors":"Nathaniel Grow","doi":"10.1111/ablj.12180","DOIUrl":"10.1111/ablj.12180","url":null,"abstract":"U.S. professional sports teams are increasingly relying on sophisticated forms of data analysis to identify potential areas of competitive advantage over their league rivals. Indeed, emerging evidence suggests that the most sophisticated teams in this area are using the insights that they derive from data analytics to establish durable and significant gains over their competition on the playing field. At the same time, sports franchises frequently utilize noncompete agreements to protect the resulting, proprietary information that their data analysis yields. Unfortunately, recent academic research suggests that this reliance on covenants not to compete can decrease the rate of knowledge diffusion within an industry, making it more difficult for teams to catch up to early adopters of data analytics. Thus, teams’ growing reliance on data analytics—and their use of noncompete agreements to protect their resulting findings—could have significant, but heretofore unrecognized, ramifications for league efforts to maintain an adequate level of competitive balance amongst their franchises. This article explores this state of affairs, as well as the implications it presents for the governance of U.S. professional sports leagues.","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"58 1","pages":"121-162"},"PeriodicalIF":1.2,"publicationDate":"2021-04-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12180","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45595569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Entrepreneurial Regulatory Legal Strategy: The Case of Cannabis 创业监管法律策略：以大麻为例

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12172

Colleen M. Baker

引用次数: 0

Regulating Cannabis: A Comparative Exploration of Canadian Legalization 管制大麻：加拿大合法化的比较探索

IF 1.2 3区社会学

American Business Law Journal Pub Date : 2021-04-28 DOI: 10.1111/ablj.12175

Peter Bowal, Kathryn Kisska-Schulze, Richard Haigh, Adrienne Ng

引用次数: 1

Taxing Cannabis on the Reservation 在保留地对大麻征税