Punishment and Welfare:

This paper will attempt to situate the current discourse on 'crack pregnancies' within the context of a broader regulatory discourse.' It will argue that defining and locating state intervention solely within the confines of formal legal discourse not only privileges the criminal law, but (1) occludes recognition of the ways in which regulation and control are effected by administrative law and welfare policy and (2) fails to specify the role of the welfare state in the construction and reproduction of dominant cultural norms of womanhood and mothering. The paper draws on feminist literature and fieldwork-in-progress to suggest that many of these women are already subject to substantial mechanisms of social control and cultural reproduction. In concluding, it is suggested that the construction of this debate to date has served to deflect attention away from the fissures of gender, race and class that render these women's lives as publicly problematic.     

Foreword: Follow-on Biologics: Implementation Challenges and Opportunities

This Book of the Seton Hall Law Review presents the contributions to Follow-On Biologics: Implementation Challenges and Opportunities, a one-day roundtable event hosted by Seton Hall University School of Law in the fall of 2010. The roundtable fostered an international dialogue regarding the future of follow-on biologics in the United States resulting from the Patient Protection and Affordable Care Act of March 2010. THE BIOLOGIC PRICE COMPETITION AND INNOVATION ACT OF 2010. The March 23, 2010, enactment of the Patient Protection and Affordable Care Act (PPACA) and the companion Health Care and Education Affordability Reconciliation Act of 2010 ushered in landmark reform of the American health care system. Along with sweeping overhauls of the health care system generally, PPACA also provides a new regulatory challenge for the Food and Drug Administration (FDA). A subtitle within PPACA, the Biologics Price Competition and Innovation Act (BPCIA), bestows upon FDA broad authority to implement an abbreviated approval route to market for biological products (also known as biologics) that are "biosimilar" to an existing marketed product. The brief introduction will provide a basic comparison of biologics and conventional pharmaceutical drugs that will prove central to the FDA's development of this follow-on biologic pathway as well as specifically examine the content and scope of the BPCIA provisions and identify future challenges for the FDA. It will conclude by highlighting details of presentations during the roundtable held at the Seton Hall University School of Law and introduce the two resulting articles contained with this Book of the Seton Hall Law Review.     

Event Studies and the Law: Part I: Technique and Corporate Litigation

Event studies are among the most successful uses of econometricsin policy analysis. By providing an anchor for measuring theimpact of events on investor wealth, the methodology offersa fruitful means for evaluating the welfare implications ofprivate and government actions. This article is the first ina set of two that review the use and impact of the event studymethodology in the legal domain. This article begins by brieflyreviewing the event study methodology and its strengths andlimitations for policy analysis. It then reviews in detail howevent studies have been used to evaluate the wealth effectsof corporate litigation: defendants experience economicallymeaningful and statistically significant wealth losses uponthe filing of the suit, whereas plaintiff firms experience nosignificant wealth effects upon filing a lawsuit. Also, thereis a significant wealth increase for defendant firms when theysettle a suit with another firm, in contrast to other typesof plaintiffs, and in contrast to the settling plaintiff firms.These findings suggest that, at a minimum, lawsuits are nota value-enhancing way for corporations to settle their disagreementswith other corporations. In addition, the market appears toimpose a higher sanction on firms than actual criminal sanctions,and reputational losses are of equal magnitude for civil finesas for criminal ones. The article concludes with some recommendationsfor researchers: the standards for conducting an event studyare well established; researchers can increase the power ofan event study by increasing the sample size, and by narrowingthe public announcement period to as short a time frame as possible.The companion article reviews the use of event studies in corporatelaw and regulation.     

偏好与理性选择：保守主义人士也能接受的规制——行为经济学与“非对称父爱主义”的案例

非对称父爱主义的规制目的是帮助那些有限理性的人们避免犯成本过高的错误,同时仅对理性的人们加以很小的成本甚至不加以成本。结合了认知心理学与经济学的行为经济学表明,有时候即便有健康心智的人们在某些特定的、可预见的情形下也可能不会为他们长远的自身利益行事,很多非对称父爱主义的规制就是基于这种考虑而产生的。这些规制体现在缺省规则、对信息的提供或重组、冷却期、对消费者选择的限制等方面。非对称父爱主义并不必定是严厉的,它可能会引导产生比现有政策更温和的规则。而且新技术为将这种规制作为一种新的对规制选择的成本收益评估标准提供了新的可能性,因而值得被认真对待。