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Articles 1 - 30 of 30
Full-Text Articles in Law
Confronting Cosmetic Carcinogens: A Proposal Regarding The Dangers Of Talcum Powder, Rachael Howell
Confronting Cosmetic Carcinogens: A Proposal Regarding The Dangers Of Talcum Powder, Rachael Howell
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The Federal Government needs to stop the import, export, mining, and distribution of talcum powder in the United States. This is an issue that affects all Americans, especially active-duty military members.
Since 2013, there have been over 38,000 lawsuits against Johnson & Johnson, which allege that their talcum-based baby powder caused cancer. The plaintiffs in the very first talc case in the U.S. have died. All four of the plaintiffs from a 2019 suit have died. Yet, the 2019 case has been reversed and remanded. The FDA has redacted the names of scientist(s) that conduct “safety tests” on talc samples. …
Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas
Direct Entry Midwives: Political Factors Shaping Variation In Regulation, Gabrielle Shlikas
The Compass
No abstract provided.
European Union Food Law Update, Emilie Majster
European Union Food Law Update, Emilie Majster
Journal of Food Law & Policy
Nutrition is increasingly important in both the European Union (EU) and in global food-related policy making. Governments, which up until recently have focused on regulating food products based on a food safety perspective, are now turning to regulate from a nutritional aspect.
Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman
Social Media Self-Regulation And The Rise Of Vaccine Misinformation, Ana Santos Rutschman
All Faculty Scholarship
This essay examines the main characteristics and shortcomings of mainstream social media responses to vaccine misinformation and disinformation. Parts I and II contextualize the recent expansion of vaccine information and disinformation in the online environment. Part III provides a survey and taxonomy of ongoing responses to vaccine misinformation adopted by mainstream social media. It further notes the limitations of current self-regulatory modes and illustrates these limitations by presenting a short case study on Facebook—the largest social media vehicle for vaccine-specific misinformation, currently estimated to harbor approximately half of the social media accounts linked to vaccine misinformation. Part IV examines potential …
Tragedy Of The Energy Commons: How Government Regulation Can Help Mitigate The Environmental And Public Health Consequences Of Cryptocurrency Mining, Jeff Thomson
Seattle Journal of Technology, Environmental & Innovation Law
The use of cryptocurrencies in daily life has continued to rise over the last decade and shows no signs of slowing down. Although cryptocurrencies, such as Bitcoin, provide numerous tangible benefits to society, the process of mining these cryptocurrencies is extremely energy intensive. Accordingly, a tragedy of the energy commons has resulted whereby the monetary incentive to mine cryptocurrencies has distorted our collective ability to care for our shared energy resources. The current system allows for industrious individuals to set up cryptocurrency mines in regions that have access to plentiful and cheap energy sources, utilize this energy to power their …
FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough, Ana Santos Rutschman
FacebookʼS Latest Attempt To Address Vaccine Misinformation — And Why ItʼS Not Enough, Ana Santos Rutschman
All Faculty Scholarship
On October 13, 2020 Facebook announced the adoption of a series of measures to promote vaccine trust “while prohibiting ads with misinformation that could harm public health efforts.” In the post written by Kang-Xing Jin (head of health) and Rob Leathern (director of product management), the company explained that the new measures were designed with an emphasis on encouraging widespread use of this yearʼs flu vaccine, as well as in anticipation of potential COVID-19 vaccines becoming available in the near future.
The changes focus mainly on the establishment of a multiprong informational campaign about the seasonal flu vaccine, which includes …
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Reflections On The Effects Of Federalism On Opioid Policy, Matthew B. Lawrence
Dickinson Law Review (2017-Present)
No abstract provided.
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
The Opioid Litigation: The Fda Is Mia, Catherine M. Sharkey
Dickinson Law Review (2017-Present)
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 …
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Safe Consumption Sites And The Perverse Dynamics Of Federalism In The Aftermath Of The War On Drugs, Deborah Ahrens
Dickinson Law Review (2017-Present)
In this Article, I explore the complicated regulatory and federalism issues posed by creating safe consumption sites for drug users—an effort which would regulate drugs through use of a public health paradigm. This Article details the difficulties that localities pursuing such sites and other non-criminal-law responses have faced as a result of both federal and state interference. It contrasts those difficulties with the carte blanche local and state officials typically receive from federal regulators when creatively adopting new punitive policies to combat drugs. In so doing, this Article identifies systemic asymmetries of federalism that threaten drug policy reform. While traditional …
Practice-Based Research Networks Ceding To A Single Institutional Review Board, Jeanette M. Daly, Tabria Weiner Harrod, Kate Judge, Leann C. Michaels, Barcey T. Levy, David L. Hahn, Lyle J. Fagnan, Donald E. Nease Jr.
Practice-Based Research Networks Ceding To A Single Institutional Review Board, Jeanette M. Daly, Tabria Weiner Harrod, Kate Judge, Leann C. Michaels, Barcey T. Levy, David L. Hahn, Lyle J. Fagnan, Donald E. Nease Jr.
Journal of Patient-Centered Research and Reviews
Historically, a single research project involving numerous practice-based research networks (PBRNs) required multiple institutional review boards (IRBs) to be involved in approval of the project. However, to avoid redundancies, federal IRB regulations now allow cooperative research projects that involve more than one institution to use reasonable methods of cooperative IRB review and to cede authority for review and oversight of the project to a single lead IRB. Through ceding, a lead IRB has the authority for review and oversight of the project delegated by all participating sites’ IRBs and becomes the IRB of record for the ceded sites. In the …
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Aaron Edlin
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to confirm …
Science As Speech, Natalie Ram
Science As Speech, Natalie Ram
All Faculty Scholarship
In April 2015, researchers in China reported the successful genetic editing of human embryos using a new technology that promised to make gene editing easier and more effective than ever before. In the United States, the announcement drew immediate calls to regulate or prohibit
outright any use of this technology to alter human embryos, even for purely research purposes. The fervent response to the Chinese announcement was, in one respect, unexceptional. Proposals to regulate or prohibit scientific research following a new breakthrough occur with substantial frequency. Innovations in cloning technology and embryonic stem cell research have prompted similar outcries, and …
Evaluating The Prevalence And Effectiveness Of Breed-Specific Legislation, Felicia E. Trembath
Evaluating The Prevalence And Effectiveness Of Breed-Specific Legislation, Felicia E. Trembath
Open Access Dissertations
Dog bites pose a persistent public health problem, which some jurisdictions pass breed-specific legislation (BSL) to address. However, very little non-anecdotal evidence regarding the efficacy of BSL has been presented. Currently, BSL research is hampered by the absence of standard terminology, an established prevalence, or a scientific consensus on its effectiveness. The purpose of this study is to propose standardized terminology for BSL, establish the prevalence of each type of BSL in the USA, and conduct a systematic review of the effectiveness of BSL.
After review of terminology currently in use, as well as review of the regulatory actions of …
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
Actavis And Error Costs: A Reply To Critics, Aaron S. Edlin, C. Scott Hemphill, Herbert J. Hovenkamp, Carl Shapiro
All Faculty Scholarship
The Supreme Court’s opinion in Federal Trade Commission v. Actavis, Inc. provided fundamental guidance about how courts should handle antitrust challenges to reverse payment patent settlements. In our previous article, Activating Actavis, we identified and operationalized the essential features of the Court’s analysis. Our analysis has been challenged by four economists, who argue that our approach might condemn procompetitive settlements.
As we explain in this reply, such settlements are feasible, however, only under special circumstances. Moreover, even where feasible, the parties would not actually choose such a settlement in equilibrium. These considerations, and others discussed in the reply, serve to …
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels
22 slides
Nudging The Fda, W. Nicholson Price Ii, I. Glenn Cohen
Nudging The Fda, W. Nicholson Price Ii, I. Glenn Cohen
Law Faculty Scholarship
[Excerpt] "The FDA’s regulation of drugs is frequently the subject of policy debate, with arguments falling into two camps. On the one hand, a libertarian view of patients and the health care system holds high the value of consumer choice. Patients should get all the information and the drugs they want; the FDA should do what it can to enforce some basic standards but should otherwise get out of the way. On the other hand, a paternalist view values the FDA’s role as an expert agency standing between patients and a set of potentially dangerous drugs and potentially unscrupulous or …
Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman
Compelling Product Sellers To Transmit Government Public Health Messages, Stephen D. Sugarman
Stephen D Sugarman
No abstract provided.
Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert
Can Law Improve Prevention And Treatment Of Cancer?, Roger Magnusson, Lawrence O. Gostin, David Studdert
O'Neill Institute Papers
The December 2011 issue of Public Health (the Journal of the Royal Society for Public Health) contains a symposium entitled: Legislate, Regulate, Litigate? Legal approaches to the prevention and treatment of cancer. This symposium explores the possibilities for using law and regulation – both internationally and at the national level – as the policy instrument for preventing and improving the treatment of cancer and other leading non-communicable diseases (NCDs). In this editorial, we argue that there is an urgent need for more legal scholarship on cancer and other leading NCDs, as well as greater dialogue between lawyers, public health practitioners …
Responding To Nursing Home Abuse-Case Study Of Illinois Department Of Public Health, Department Of Professional Regulation. Us Human Rights Record Worse Than China Record, James T. Struck
James T Struck
Illinois takes away the right to decide and resources of people with disabilities under guardianship. Other nations and states also have guardianship with over 1.6 million people under guardianship, and 1.6 million in nursing homes. Some Illinois nursing homes deny liberties such as phone use, visitation, coming home, fresh air away from second hand smoking, consent, chemicals used, dental services, religious services, knowing where family is, museums, zoos, parks, reunions. This article addresses the regulatory response. When seeking the assistance of the Illinois Department of Public Health, Illinois Human Rights Department, and Illinois Department of Professional Regulation, requests for phone …
The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy, Jennifer E. Spreng
The Food And Drug Administration And The Pharmacy Profession: Partners To Ensure The Safety And Efficacy Of Pharmacogenomic Therapy, Jennifer E. Spreng
Journal of Health Care Law and Policy
No abstract provided.
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
International Harmonization Of Regulation Of Nanomedicine, Gary E. Marchant, Douglas J. Sylvester, Kenneth W. Abbott, Tara Lynn Danforth
Gary E. Marchant
Nanomedicine holds enormous promise for the improved prevention, detection and treatment of disease. Yet, at the same time, countervailing concerns about the potential safety risks of nanotechnologies generally, and nanomedical products specifically, threaten to derail or at least delay the introduction and commercial viability of many nanomedicine applications. All around the globe, national governments are struggling with balancing these competing benefits and risks of nanotechnology in the medical and other sectors. It is becoming increasingly clear that reasonable, effective and predictable regulatory structures will be critical to the successful implementation of nanotechnology. The question examined in this paper is whether …
The Basis Of A Comprehensive Regulatory Policy For Reduced Harm Tobacco Products, David Sweanor, Rachel C. Grunberger
The Basis Of A Comprehensive Regulatory Policy For Reduced Harm Tobacco Products, David Sweanor, Rachel C. Grunberger
Journal of Health Care Law and Policy
No abstract provided.
Tobacco Control And Snus: Time To Take A Stand, Lindsey C. Dastrup, Jacqueline M. Mcnamara
Tobacco Control And Snus: Time To Take A Stand, Lindsey C. Dastrup, Jacqueline M. Mcnamara
Journal of Health Care Law and Policy
No abstract provided.
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Pharmaceutical Lemons: Innovation And Regulation In The Drug Industry, Ariel Katz
Ariel Katz
Before a new drug can be marketed the Food and Drug Administration must be satisfied that it is safe and effective. According to conventional wisdom, the cost and delay involved in this process diminish the incentives to invest in the development of new drugs. Accordingly, several reforms aimed at restoring such incentives have been implemented and others have been advocated. This paper challenges the central argument in the debate on the topic, namely that drug regulation and drug innovation are necessarily at odds with each other. Although intuitively appealing, the argument that drug regulation negatively affects the incentives to innovate …
Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman
Intellectual Property Management Strategies To Accelerate The Development And Access Of Vaccines And Diagnostics: Case Studies On Pandemic Influenza, Malaria And Sars, Anatole Krattiger, Stanley P. Kowalski, Robert Eiss, Anthony Taubman
Law Faculty Scholarship
Achieving global access to vaccines, diagnostics, and pharmaceuticals remains a challenge. Throughout the developing world, intellectual property (IP) constraints complicate access to critically essential medical technologies and products. Vaccines for malaria and pandemic strains of influenza, as well as diagnostic and vaccine technologies for SARS, are not only relevant to global public health but are particularly critical to the needs of developing countries. A global access solution is urgently needed. This article offers a timely case‐by‐case analysis of preliminary patent landscape surveys and formulates options via patent pools and other forms of creative IP management to accelerate development and access. …
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley
Articles
This Article will adopt the perspective of individuals with disabilities in their encounters with the health care finance and delivery system in the United States, and will pose the question of what the past decade has shown the ADA to mean (or not mean) for those individuals' ability to seek, receive, and pay for effective health care services. To that end, this Article will provide an overview of three broad areas on which the ADA has had varying degrees of impact.
Part II of the Article will examine how the ADA has affected the rights of an individual with a …
Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano
Regulating Research With Vulnerable Populations: Litigation Gone Awry, John M. Oldham, Stephan Haimowitz, Susan J. Delano
Journal of Health Care Law and Policy
No abstract provided.
Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno
Regulation Of Research On The Decisionally Impaired: History And Gaps In The Current Regulatory System, Jonathan D. Moreno
Journal of Health Care Law and Policy
No abstract provided.
Maximizing The Return From Genome Research: Introduction, Thomas G. Field Jr.
Maximizing The Return From Genome Research: Introduction, Thomas G. Field Jr.
RISK: Health, Safety & Environment (1990-2002)
Professor Field introduces and explains the origins of the symposium.
Cranor's Reply, Carl F. Cranor
Cranor's Reply, Carl F. Cranor
RISK: Health, Safety & Environment (1990-2002)
Dr. Cranor's reply to Merz and Frey.