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Articles 1 - 23 of 23
Full-Text Articles in Food and Drug Law
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Democracy, Science, And Free Trade: Risk Regulation On Trial At The World Trade Organization, Robert Howse
Michigan Law Review
Among the most common critiques of globalization is that it increasingly constrains the ability of democratic communities to make unfettered choices about policies that affect the fundamental welfare of their citizens, including those of health and safety, the environment, and consumer protection. Traditionally, free trade rules were about constraining border measures such as tariffs and quantitative restrictions on imports. Increasingly, however, such rules include requirements and constraints addressed directly to domestic regulation. For example, a country's policies with respect to intellectual property rights or its regulatory approach to network industries, such as telecommunications, may now be fundamentally shaped by rules …
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Competency And Common Law: Why And How Decision-Making Capacity Criteria Should Be Drawn From The Capacity-Determination Process, Charles Baron
Charles H. Baron
Determining competence to request physician-assisted suicide should be no more difficult than determining competence to refuse life-prolonging treatment. In both cases, criteria and procedures should be developed out of the process of actually making capacity determinations; they should not be promulgated a priori. Because patient demeanor plays a critical role in capacity determinations, it should be made part of the record of such determinations through greater use of video- and audiotapes.
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
The Fda Knows Best . . Or Does It? First Amendment Protection Of Health Claims On Dietary Supplements: Pearson V. Shalala, Amber K. Spencer
Brigham Young University Journal of Public Law
No abstract provided.
Trends. On Drugs? Response To The Peruvian Elections, Ibpp Editor
Trends. On Drugs? Response To The Peruvian Elections, Ibpp Editor
International Bulletin of Political Psychology
This article discusses electoral "dirty tricks" in the Peruvian election between President Alberto Fuimori and Mr. Alejandro Toledo. The article also discusses comments made by the head of the United States (US) Office of National Drug Policy and Control, General Barry R. McCaffrey.
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Drug Treatment Courts And Emergent Experimentalist Government, Michael C. Dorf, Charles F. Sabel
Vanderbilt Law Review
Despite the continuing "war on drugs," the last decade has witnessed the creation and nationwide spread of a remarkable set of institutions, drug treatment courts. In drug treatment court, a criminal defendant pleads guilty or otherwise accepts responsibility for a charged offense and accepts placement in a court-mandated program of drug treatment. The judge and court personnel closely monitor the defendant's performance in the program and the program's capacity to serve the mandated client. The federal government and national associations in turn monitor the local drug treatment courts and disseminate successful practices. The ensemble of institutions, monitoring, and pooling exemplifies …
Pediatric Testing Of Prescription Drugs: The Food And Drug Administration's Carrot And Stick For The Pharmaceutical Industry , Kurt R. Karst
Pediatric Testing Of Prescription Drugs: The Food And Drug Administration's Carrot And Stick For The Pharmaceutical Industry , Kurt R. Karst
American University Law Review
No abstract provided.
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Increasing Access To Emergency Contraceptive Pills Through State Law Enabled Dependent Pharmacist Prescribers, Heather M. Field
Faculty Scholarship
No abstract provided.
Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah
Adverse Drug Reactions: Harnessing Experiential Data To Promote Patient Welfare, Barbara A. Noah
Faculty Scholarship
Part I of this Article evaluates the pre-approval and post-approval regulatory framework governing prescription drugs, and the FDA's spontaneous reporting system for adverse events, as it contrasts that system with the regulatory mechanisms used to monitor risks associated with other products. Part II summarizes the recent series of prescription drug marketing withdrawals prompted by reports of unexpected adverse reactions. Finally, Part III offers some possible solutions designed to improve the efficiency of postapproval surveillance so that fewer patients will suffer the consequences of unexpected adverse drug reactions and interactions. This Article concludes that the existing regulatory system requires fundamental reprioritization …
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Measuring Culpability By Measuring Drugs? Three Reasons To Re-Evaluate The Rockefeller Drug Laws, Susan Herman
Faculty Scholarship
No abstract provided.
Whose Team Am I On Anyway - Musings Of A Public Defender About Drug Treatment Court Practice, Mae C. Quinn
Whose Team Am I On Anyway - Musings Of A Public Defender About Drug Treatment Court Practice, Mae C. Quinn
Journal Articles
No abstract provided.
The Risks Of Going Non-Gmo, Drew Kershen
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman
Two Degrees Of Speech Protection: Free Speech Through The Prism Of Agricultural Disparagement Laws, Howard M. Wasserman
Faculty Publications
In the wake of a 1989 national television broadcast reporting the alleged cancer risk of a chemical applied to apples on trees, many states passed agricultural product disparagement (APD) statutes. These statutes grant civil causes of action to the growers and sellers of perishable food products, against anyone who speaks negatively or disparagingly, without basis in scientific evidence, about the product's safety. In this Article, Howard M Wasserman explores the interplay between the APD statutes and the First Amendment. First, Mr. Wasserman discusses the three categories of restrictions on the freedom of speech, focusing primarily on private civil tort actions …
Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson
Cigar Warnings: Proceed With Caution, 33 J. Marshall L. Rev. 521 (2000), Patricia A. Davidson
UIC Law Review
No abstract provided.
Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere
Rx For Liability: Advocating The Elimination Of The Pharmacist's No Duty To Warn Rule, 33 J. Marshall L. Rev. 425 (2000), Edward Casmere
UIC Law Review
No abstract provided.
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Direct-To-Consumer Advertising Of Prescription Drugs: After A Decade Of Speculation, Courts Consider Another Exception To The Learned Intermediary Rule, Mae Joanne Rosok
Seattle University Law Review
This Comment will explore whether Washington courts should recognize direct-to-consumer advertising as an exception to the learned intermediary rule. With the ultimate goal of advocating the best protection for the consumer, the discussion will suggest that Washington courts should not create an exception. A review of other exceptions to the learned intermediary rule does not support abandoning the doctrine when a drug company advertises its product directly to consumers. Nevertheless, advertising does affect consumer purchases and does influence consumer choices, and drug companies should accept the responsibility to present balanced information. This responsibility should encompass more than meeting the minimum …
Essay: The Risks Of Going Non-Gmo, Drew L. Kershen
Essay: The Risks Of Going Non-Gmo, Drew L. Kershen
Oklahoma Law Review
No abstract provided.
Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen
Breaking The Federal/State Impasse Over Medical Marijuana: A Proposal, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Drug Policy Alternatives- A Response From The Bench, John Curtin
Drug Policy Alternatives- A Response From The Bench, John Curtin
Fordham Urban Law Journal
The article begins by discussing the tremendous financial and social cost incurred by drug use and regulation. It then discusses some positive efforts to deal with the problem such as legalization and decriminalization. The article then states that it will take time to figure out the extent of legalization needed, and until that is figured out we need to focus efforts on harm reduction. The article then addresses whether the constitution bans drugs at all. Finally, the article concludes by stating that we can never hope to fully eliminate drug use, we can only hope to contain it, and gives …
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Our Drug Laws Have Failed - So Where Is The Desperately Needed Meaningful Reform?, David C. Leven
Fordham Urban Law Journal
The article begins by stating that the harsh drug laws of New York have failed to have an effect on the amount of drug dealers and instead have led to overcrowding of prisons with non-addict drug users. It states that the laws must be modified to give greater sentencing to judges, increasing diversion of non-violent offenders to rehabilitation. The article then delineates the problems resulting from current drug law and the criticism thereof. It then states the attempted reforms of drug laws that have been insufficient. The article concludes by suggesting proposals to solve the problems delineated, including proportionate sentences, …
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Thinking About Drug Law Reform: Some Political Dynamics Of Medicalization, Fredrick Polak
Fordham Urban Law Journal
The article begins by stating that many people believe that medicalization offers the most reasonable approach to drug policy because it offers a dignified approach to treatment of addicts. However, it risks being a form of repression itself because it may define abstinence as the only acceptable treatment outcome. The article then explores the position of the medical profession in drug policy. It then looks at the negative political and social aspects and consequences of an abstinence-directed medicalization policy. The article concludes by stating that if abstinence is always the treatment goal then medicalization will be even less voluntary and …
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
From Free Trade To Prohibition: A Critical History Of The Modern Asian Opium Trade, Alfred W. Mccoy
Fordham Urban Law Journal
The article begins by exploring America's current war on drugs and how it represents a misuse of its power and misperception of the global narcotics trade. It continues and puts forth that Asia's opium production may soon increase to levels that will defeat the war on drugs now being waged by the United State and United Nations and goes into the the extent of Opium production in Asia. It then looks at a history of Opium trade, including the era which began prohibition and then the cold war, which began the expansion of the Asian opium trade. The article then …
Is Our Drug Policy Effective, Jefferson M. Fish
Is Our Drug Policy Effective, Jefferson M. Fish
Fordham Urban Law Journal
The article begins by stating that the time has come for a reexamination of our drug policy. It continues by discussing the two day conference "Is Our Drug Policy Effective?" "Are There Alternatives?" organized by several committee's. Because of space constraints, the article mainly delves into two topics, certain substances both licit and illicit with regard to both their physiological effects and the policies governing them, and also the disproportionate emphasis placed by the war on drugs on combating marijuana. The article then gives summaries of the speakers at the conference. These include: Objectives of our drug policy, overviews of …
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Institutionalizing Innovation: The New York Drug Court Story, John Feinblatt, Greg Berman, Aubrey Foxx
Fordham Urban Law Journal
The article begins by discussing the problems that drug use is causing in the American Criminal Justice System. The article then discusses the use of "drug courts," which have proven effective in reducing drug use and recidivism. It then looks at the potential benefit of drug courts to the criminal justice system and states some of the questions pertaining to drug courts, such as limits and the requirement of specialized judges. The article concludes by looking at what critics have said about the use of drug courts, and by stating that the drug court idea is worth trying.