Public Nuisance as Modern Business Tort: A New Unified Framework for Liability for Economic Harms
In: 70 DePaul Law Review 431 (2021)
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In: 70 DePaul Law Review 431 (2021)
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In: Notre Dame Law Review, Band 96, Heft 4
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APPROVED ; Human Papillomavirus (HPV) infection has been identified as a significant etiological agent in the development of head and neck squamous cell carcinoma (HNSCC). There is mounting evidence from North America and Europe to suggest that HPV-related HNSCC is becoming the principal driver of increasing incidence trends amongst all HNSCC. HPV-unrelated cases have seen a plateau or a decline in incidence in the last 20 to 30 years. No data on the epidemiology of HPV infection in oropharyngeal, oral cavity, and laryngeal SCC in Ireland currently exists in the literature, and thus the ECHO study was carried out to investigate the epidemiology of HPV infection in oropharyngeal, oral cavity, and laryngeal SCC in Ireland between 1994 and 2013. A total of 861 primary oropharyngeal, oral cavity, and laryngeal SCC cases, identified through the National Cancer Registry, were obtained from hospitals across Ireland and tested for HPV DNA using Multiplex PCR Luminex technology based in and sanctioned by the International Agency for Research on Cancer (IARC). A prevalence of 17.1% (CI: 14.6, 19.6) HPV DNA positivity was detected in the study population. Prevalence in oropharyngeal cases was 41.1% (CI: 34.5, 47.8); in oral cavity cases was 10.9% (CI: 7.5, 14.2); and in laryngeal cases was 7.8% (CI: 4.9, 10.7). High-risk carcinogenic HPV16 was the overwhelmingly dominant genotype amongst HPV positive cases regardless of sub-site. HPV-related oropharyngeal cases saw the highest average annual percentage change in incidence of 16.4% (p<0.0001) over the time period. Significant predictors of HPV positivity amongst all cases were younger age, oropharyngeal sub-site, and never- and ex-smoking status. HPV positive cases also presented disproportionately at later TNM stage with higher extent of nodal involvement. Both overall and cancer-specific survival were significantly improved amongst HPV positive all patients together, though HPV status was only a significant predictor of survival in the oropharynx. Amongst HPV positive patients in the oropharynx, surgery alone maximized survival, alluding to the potential for de-escalation of treatment in HPV-related OSCC in particular. Cumulatively, these findings highlight the importance of introducing boys in to the national HPV vaccination programme in Ireland, and the relevance of the nona-valent Gardasil-9 vaccine to HNSCC prevention, two changes the Irish government will be implementing in September 2019.
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In: Diplomatic history
ISSN: 1467-7709
In: Northwestern University Law Review, Band 115
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In: 134 Harvard Law Review, 2021 Forthcoming
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In: Punishment and Private Law (Hart 2021), https://www.bloomsbury.com/uk/punishment-and-private-law-9781509939152/
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It is readily agreed that federal preemption of state tort law alters the balance between federal and state power. Federal preemption is a high-profile defense in almost all modern products liability cases. It is thus surprising to see how little attention has been given to federal preemption by courts and commentators in the opioid litigation. Opioid litigation provides a lens through which I explore the role of state and federal courts and the Food and Drug Administration (FDA) in striking the right balance of power. My purpose here is not to resolve the divide among the few courts that have weighed in on the preemption defense in the opioid cases before them; instead, it is to highlight the appropriate inquiry in which the courts should engage. Namely courts should scrutinize the regulatory actions taken by the FDA and evaluate the extent to which state tort law actions fall within or outside of the bounds of the risk analysis already undertaken by the FDA. Such an analysis would put pressure on the FDA to weigh in—either on its own or as invited by the courts—on the balance between its regulatory actions and the need for state tort law causes of action. The courts would then scrutinize input from the agency under "hard look" review. No longer could the FDA remain on the sidelines, as it has to date, amidst a public health crisis that is now playing out in the courts.
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In: 124 Dickinson Law Review (2020)
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In: DePaul Law Review, Band 68, Heft 2
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In: International journal of Middle East studies: IJMES, Band 50, Heft 4, S. 760-764
ISSN: 1471-6380
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In: Valparaiso University Law Review, Band 53
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In: Journal of children and poverty, Band 23, Heft 1, S. 120-122
ISSN: 1079-6126, 1469-9389
In: Case Western Reserve Law Review, Band 67, Heft 3
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