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Articles 1 - 15 of 15
Full-Text Articles in Food and Drug Law
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Just What The Doctor Ordered: The Admissibility Of Differential Diagnosis In Pharmaceutical Product Litigation, Wendy Michelle Ertmer
Vanderbilt Law Review
In the decade since Daubert v. Merrell Dow Pharmaceuticals Inc., federal judges have exercised their role as gatekeepers of expert witness testimony to evaluate many different categories of scientific evidence. They have not done so without controversy, however. Because the element of causation in pharmaceutical product litigation is frequently dispositive, the application of Daubert to scientific evidence of causation has been particularly contentious. Plaintiffs in such cases must prove both general causation-that the product is capable of causing an injury of the type from which the plaintiff suffers-and specific causation-that the product was the actual cause of the plaintiffs injury. …
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Toward A More Communitarian Future? Fukuyama As The Fundamentalist Secular Humanist, June Carbone
Michigan Law Review
With The End of History and the Last Man, Francis Fukuyama established himself as the prophet of liberal democracy and free markets, heralding their triumph as the only form of governance capable of commanding legitimacy. Asked to reflect on his predictions a decade later, Fukuyama concluded that the greatest threat to liberalism comes from biotechnology because it alone has the potential to remake the human nature that liberal democracy was designed to serve. Fukuyama makes a compelling case that biotechnology may produce developments that should concern us; he is ironically less persuasive in articulating a liberal-democratic framework for governing the …
Myths Of Voluntary Compliance: Lessons From The Starlink Corn Fiasco, Rebecca M. Bratspies
Myths Of Voluntary Compliance: Lessons From The Starlink Corn Fiasco, Rebecca M. Bratspies
William & Mary Environmental Law and Policy Review
No abstract provided.
Random Drug Testing For Extracurricular Activites: Has The Supreme Court Opened Pandora's Box For Public Schools?, Ralph D. Mawdsley
Random Drug Testing For Extracurricular Activites: Has The Supreme Court Opened Pandora's Box For Public Schools?, Ralph D. Mawdsley
Brigham Young University Education and Law Journal
No abstract provided.
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
Drug Regulations And The Constitution After Western States, Margaret Gilhooley
University of Richmond Law Review
No abstract provided.
Congress, Illinois Think Canada Is Answer To Prescription Drug Woes, Katherine Licup
Congress, Illinois Think Canada Is Answer To Prescription Drug Woes, Katherine Licup
Public Interest Law Reporter
No abstract provided.
Striking The Balance: Pharmaceutical Patent Values And Consumer Availability, Valerie Sarigumba
Striking The Balance: Pharmaceutical Patent Values And Consumer Availability, Valerie Sarigumba
Public Interest Law Reporter
No abstract provided.
The Academy Chokes On Food Biotech, Public Policy Suffocates, Henry I. Miller
The Academy Chokes On Food Biotech, Public Policy Suffocates, Henry I. Miller
Richmond Journal of Law & Technology
The National Academy of Sciences, under its 1863 congressional charter, is supposed to be dedicated to “investigate, examine, experiment, and report upon any subject of science or art whenever called upon to do so by any department of the government.” At least insofar as judging the scienti c integrity of governmental regulation of biotechnology is concerned, however, two recent “expert” committees of the National Research Council (NRC), the research arm of the Academy, have been plagued by apparent bias, and their recommendations have been dubious.
New Drug Research, The Extraterritorial Application Of Fda Regulations, And The Need For International Cooperation, William Dubois
New Drug Research, The Extraterritorial Application Of Fda Regulations, And The Need For International Cooperation, William Dubois
Vanderbilt Journal of Transnational Law
In recent years, U.S. pharmaceutical companies have expanded their new drug trials beyond the borders of the United States. While the companies have a variety of reasons for making this move, among them may be a desire to avoid Food and Drug Administration (FDA) regulation and monitoring. Lack of adequate supervision of drug trials conducted in the developing world endangers both the subjects of the tests and the consumers in the United States. It is unclear whether the FDA can execute regulatory and supervisory authority abroad. The FDA statute does not clearly authorize the agency to regulate extraterritorially. Applying the …
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Disciplining Globalization: International Law, Illegal Trade, And The Case Of Narcotics, Chantal Thomas
Michigan Journal of International Law
This Article is the first in a series of studies of the globalization of illicit markets. My theses are as follows: First, the increase in international trade in illicit products and services parallels the growth in international trade more generally that accompanies the phenomenon of globalization. Second, at the same time that most international trade law has moved toward a posture of liberalization, there has been a movement to strengthen the prohibition and punishment of trade in illicit transactions. Third, the mechanisms that have developed to regulate this prohibition constitute a significant development in the international legal order.
Cornering The Market In A Post-9/11 World: The Future Of Horizontal Restraints, 36 J. Marshall L. Rev. 557 (2003), Daniel Goldberg
Cornering The Market In A Post-9/11 World: The Future Of Horizontal Restraints, 36 J. Marshall L. Rev. 557 (2003), Daniel Goldberg
UIC Law Review
No abstract provided.
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
The Fordham Law Drug Policy Reform Project: America's Oldest War: The Efficacy Of United States Drug Policy, John Nicholas Iannuzzi, Graham Boyd, Asa Hutchinson
Fordham Urban Law Journal
The Fordham Law Drug Policy Reform Project planned and executed the debate, "America's Oldest War: The Efficacy of United States Drug Policy," on April 23, 2002 at the end of the organization's first year. The goal of the debate was to bring to one forum the leading voices at both ends of the drug policy spectrum. Professor John Nicholas Iannuzzi moderated, giving each speaker three minutes to answer each question from the floor. Over one hundred and twenty professionals, students, and community members attended the debate.
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Engaging The Debate: Reform Vs. More Of The Same, Kevin B. Zeese
Fordham Urban Law Journal
This Essay dispels common myths put forward by drug war advocates and describes more effective alternatives available than present policy contemplates. We all want to prevent adolescent drug abuse, protect the health and safety of the community, deny drug profits to terrorists and other criminals, and develop a drug policy that works and is based on our common humanity, as well as on research and reality, rather than myth and rhetoric. The essential paradigm shift that needs to occur is to move away from a policy dominated by law enforcement . . . and toward a policy based on public …
Report Of The Task Force On The Use Of Criminal Sanctions To The King County Bar Association Board Of Trustees
Fordham Urban Law Journal
The King County formed the Task Force on the Use of Criminal Sanctions as part of the King County Bar Association's Drug Policy Project to examine current criminal sanctions related to the non-medical use of drugs both in Washington and on the federal level. The founders charged the Task Force with the goal of assessing the effectiveness of criminal sanctions in reducing both illegal drug use and drug-related crime, and assessing the public costs associated with the use of criminal sanctions. The Task Force drew specific conclusions regarding the state response to drug use and the provision of drug addiction …
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
An Effective Drug Policy To Protect America's Youth And Communities, Asa Hutchinson
Fordham Urban Law Journal
Drug abuse and addiction, and the government's response to these problems, are frequently and appropriately a topic for public debate. Law enforcement has made significant advances in both reducing the number of people using illegal drugs and in the fight against traffickers. Legalization of illegal drugs would not elinate the black market or eliminate drug-related violence. The facts on the issue make a strong case for a national policy geared toward effective drug abuse education and prevention, and treatment for people dependent on illegal drugs. Our nation should also continue to conduct research to determine the most effective means of …