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From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access, Seema Shah, Patricia Zettler
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access, Seema Shah, Patricia Zettler
Yale Journal of Health Policy, Law, and Ethics
Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies, not courts, have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs, and many of the proposals to …
Free Labor Today, James G. Pope
Free Labor Today, James G. Pope
Rutgers Law School (Newark) Faculty Papers
During the first half of the 20th Century, the period when all of the United States’ major workers’ rights statutes were enacted, the American labor movement claimed the rights to organize and strike under the Thirteenth Amendment to the U.S Constitution. Beginning in 1909, it was the official policy of the American Federation of Labor that a worker confronted with an unconstitutional injunction had an “imperative duty” to “refuse obedience and to take whatever consequences may ensue.” At a time when union institutions were as weak as they are today, every attack on workers’ rights was met with an impassioned …