Economics

Todd J. Zywicki, The Economics and Regulation of Network Branded Prepaid Cards

One of the fastest growing sectors of the consumer payments marketplace is the general-purpose reloadable prepaid card sector. Their importance accelerated as a consequence of new regulations enacted in the wake of the 2008 financial crisis. This increased use of prepaid cards also increased angst among regulators, especially regarding the number and size of fees on prepaid cards. State and […]

Kelly M. Gay, Hunger, Food Prices, and the Food Safety Modernization Act: Balancing Physical Safety and Food Security

The Food and Drug Administration (FDA) Food Safety Modernization Act (Modernization Act) was signed into law by President Barack Obama on January 4, 2011. The goal of the Act is to reform the United States’ food safety regulations that attempt to safeguard the American public from foodborne illness. However, America is also in the middle of a hunger crisis—millions of […]

Jeremy A. Blumenthal, Expert Paternalism

Scholars and policymakers from multiple disciplines have long debated whether and when paternalistic intervention might be appropriate to guide ordinary decision makers choices and behaviors. Recently, the use of empirical data has begun to inform this debate. Some such research has demonstrated that individuals‘ susceptibility to cognitive and emotional biases leads to nonoptimal decisions in […]

Richard A. Epstein, Dunwody Distinguished Lecture in Law: The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms

63 Fla. L. Rev. 1307 (2011)| | | | The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings Clause in the U.S. Court of Appeals for the Eighth Circuit. Now that the Amendment […]

Benjamin J. Steinberg and Dwayne Antonio Robinson, Making BP's Blood Curd-Le: Duty, Economic Loss, and the Potential Cardozian Nightmare after Curd v. Mosaic Fertilizer

63 Fla. L. Rev. 1245 (2011)| | | ARTICLE :: The traditional economic loss rule precludes plaintiffs-such as those affected by the BP Deepwater Horizon oil spill-from recovering losses not resulting from damage to person or property. Most states have applied the rule to various circumstances and have carved out several exceptions over time, including […]

Jacob D. Moore, The Forgotten Victim in the Human Gene Patenting Debate: Pharmaceutical Companies

63 Fla. L. Rev. 1277 (2011)| | | NOTE :: Scientific innovation is crucial to the prosperity, security, and health of a nation. During the founding years of the United States, political leaders realized the need for such innovation and created the patent law system 2 as a means of protecting American citizens. The major […]