Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Health Law and Policy (19)
- Intellectual Property Law (14)
- Science and Technology Law (9)
- Administrative Law (7)
- Agriculture Law (7)
-
- Antitrust and Trade Regulation (7)
- Social and Behavioral Sciences (7)
- Consumer Protection Law (6)
- International Law (6)
- Law and Society (6)
- Medicine and Health Sciences (6)
- Comparative and Foreign Law (5)
- Criminal Law (5)
- Environmental Law (5)
- International Trade Law (5)
- Legislation (5)
- State and Local Government Law (5)
- Transnational Law (5)
- Land Use Law (4)
- Law and Economics (4)
- Banking and Finance Law (3)
- Business Organizations Law (3)
- Disability Law (3)
- Economics (3)
- Human Rights Law (3)
- Law and Race (3)
- Life Sciences (3)
- Medical Jurisprudence (3)
- Institution
-
- University of Georgia School of Law (6)
- Brooklyn Law School (5)
- Selected Works (5)
- University of Michigan Law School (5)
- North Carolina Central University School of Law (3)
-
- UIC School of Law (3)
- University of Baltimore Law (3)
- University of Minnesota Law School (3)
- University of Missouri School of Law (3)
- American University Washington College of Law (2)
- Pace University (2)
- Roger Williams University (2)
- The University of Akron (2)
- University of Colorado Law School (2)
- University of Kentucky (2)
- University of Miami Law School (2)
- Augustana College (1)
- Barry University School of Law (1)
- Chicago-Kent College of Law (1)
- City University of New York (CUNY) (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Emory University School of Law (1)
- Florida International University College of Law (1)
- Florida State University College of Law (1)
- Fordham Law School (1)
- Golden Gate University School of Law (1)
- Loyola University Chicago, School of Law (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Keyword
-
- FDA (10)
- Food safety (6)
- Food and Drug Administration (4)
- Marijuana (4)
- Medical marijuana (4)
-
- Pharmaceuticals (4)
- Antitrust (3)
- Cannabis (3)
- Controlled Substances Act (3)
- Drugs (3)
- Food (3)
- Generic drugs (3)
- Inc. (3)
- Maryland (3)
- Recreational marijuana (3)
- Regulations (3)
- Alcohol (2)
- Biosimilars (2)
- Consumers (2)
- Drug (2)
- Drug prices (2)
- FSMA (2)
- Food Safety Modernization Act (2)
- Food supply (2)
- Health (2)
- Inc. v. Ives Laboratories (2)
- Intellectual Property (2)
- Intellectual property (2)
- International trade (2)
- Inwood Laboratories (2)
- Publication
-
- Brooklyn Law Review (5)
- Articles (4)
- Faculty Publications (3)
- Georgia Journal of International & Comparative Law (3)
- Journal of Intellectual Property Law (3)
-
- Minnesota Journal of Law, Science & Technology (3)
- North Carolina Central University Science & Intellectual Property Law Review (3)
- Akron Intellectual Property Journal (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Faculty Scholarship (2)
- Life of the Law School (1993- ) (2)
- Publications (2)
- UIC Review of Intellectual Property Law (2)
- University of Baltimore Journal of Land and Development (2)
- University of Miami Inter-American Law Review (2)
- Animal Sentience (1)
- Articles & Chapters (1)
- Catholic University Law Review (1)
- Chicago-Kent Law Review (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- David A. Wirth (1)
- Donald J. Kochan (1)
- Electronic Thesis and Dissertation Repository (1)
- Elisabeth Haub School of Law Faculty Publications (1)
- Evan R. Youngstrom (1)
- FIU Law Review (1)
- Faculty Articles (1)
- Faculty Articles and Papers (1)
- Faculty Publications & Other Works (1)
- Florida State University Law Review (1)
- Publication Type
- File Type
Articles 1 - 30 of 81
Full-Text Articles in Food and Drug Law
Mending Invisible Wounds: The Efficacy And Legality Of Mdma-Assisted Psychotherapy In United States' Veterans Suffering With Post-Traumatic Stress Disorder, Jonathan Perry
Journal of Law and Health
Though Veteran Affairs has provided crucial life sustaining—and often lifesaving—treatments to returning soldiers, the substantial and ever-increasing rates of veteran suicides, drug addictions, and criminal behavior indicate a need for broader options in treatment. One of the most profound discoveries uncovered through MDMA-assisted psychotherapy research is MDMA’s facilitation of the alleviation of addictive behavior in subjects, and, as a result, an alleviation of addictions in general. Addiction is one of the key symptoms of post-traumatic stress disorder (PTSD) and drug abuse plays a large role in the other afflictions suffered by veterans, namely criminal activity and a high rate of …
Fsma: The Future Of Food Litigation, Robert Shawn Hogue
Fsma: The Future Of Food Litigation, Robert Shawn Hogue
University of Miami Inter-American Law Review
No abstract provided.
Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp
Pitfalls Of The Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, And Zero Tolerance Levels For Naturally-Occurring Trace Pathogens, Lindsey Lazopoulos Friedman, Wesley Van Camp
University of Miami Inter-American Law Review
Congress enacted the Food Safety Modernization Act (“FSMA”), to regulate the fresh produce industry in the United States and increase consumer safety when handling and consuming raw produce. But FSMA risks imposing a zero tolerance policy on raw produce, even where a naturally occurring low-level pathogen, such as listeria, is found in negligible amounts. A zero tolerance policy for all naturally-occurring pathogens does not increase consumer safety, and only serves to increase the cost of raw produce for consumers. This article begins with a summary of the modern history of FSMA, including a brief overview of how the law has …
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Potholes: Dui Law In The Budding Marijuana Industry, Zack G. Goldberg
Brooklyn Law Review
The rapid legalization of marijuana across the United States has produced a number of novel legal issues. One of the most confounding issues is that presented by the marijuana-impaired driver. In jurisdictions that have legalized the use of marijuana, how high is too high to get behind the wheel? This note assesses the various marijuana DUI laws that states have implemented to combat marijuana-impaired driving. Many of these statutes have followed in the footsteps of the BAC-based standard used to combat drunk driving—using THC measurements to quantify a driver’s level of marijuana-based impairment. Unfortunately, unlike alcohol, the scientific properties of …
The New York Pharmaceutical Cost Transparency Act: How A Narrow View Of The Prescription Drug Pricing Puzzle Renders A Well-Intentioned Bill Irrational, John G. Curran
Brooklyn Law Review
Pricing prescription pharmaceuticals is a complex process that entails the consideration of a multitude of factors, not the least of which is the research and development expenditure exhausted by drug makers to gain FDA approval. While public sentiment has increasingly turned against the pharmaceutical industry due to its perceived greed as manifested in the high cost of its drugs, the intricacies of pricing such unique products is rarely discussed. A recently proposed New York state bill, the Pharmaceutical Cost Transparency Act (the NYPCTA), continues this unfortunate trend, by requiring companies to disclose the R&D costs of newly approved drugs in …
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
A Trademark Holder's Hangover: Reconciling The Lanham Act With The Alcohol And Tobacco Tax And Trade Bureau's System Of Designating American Viticultural Areas, Julia Lynn Titolo
Journal of Intellectual Property Law
No abstract provided.
Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox
Why Coca-Cola's Fictional Lawsuit Against Coke Zero For Taste Infringement Is A Losing Battle, Jessica Nicole Cox
Journal of Intellectual Property Law
No abstract provided.
Traversing The Triangulum: The Intersection Of Tobacco, Legalised Marijuana And Electronic Vaporisers In Denver, Colorado, Emily Anne Mcdonald, Lucy Popova, Pamela M. Ling
Traversing The Triangulum: The Intersection Of Tobacco, Legalised Marijuana And Electronic Vaporisers In Denver, Colorado, Emily Anne Mcdonald, Lucy Popova, Pamela M. Ling
Publications and Research
Objective: To explore the intersection of tobacco, legalised marijuana and electronic vaporiser use among young adults in the ‘natural laboratory’ of Colorado, the first state with legalised retail marijuana.
Methods: We conducted semistructured interviews with 32 young adults (18–26 years old) in Denver, Colorado, in 2015 to understand the beliefs and practices related to the use of tobacco, marijuana and vaporisers.
Results: We found ambiguity about whether the phrase ‘to smoke’ refers to the use of tobacco or marijuana products. Smoking marijuana blunts (emptied cigarillo or tobacco wrap filled with marijuana) was common, but few interpreted this as tobacco use. …
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Price Controls Through The Back Door: The Parallel Importation Of Pharmaceuticals, A. Bryan Baer
Journal of Intellectual Property Law
No abstract provided.
Medical Cannabis: Miracle Or Myth?, Blair Henry, Arnav Agarwal, Edward Chow, Hatim A. Omar, Joav Merrick
Medical Cannabis: Miracle Or Myth?, Blair Henry, Arnav Agarwal, Edward Chow, Hatim A. Omar, Joav Merrick
Pediatrics Faculty Publications
No abstract provided.
Rethinking Body Property, Kara W. Swanson
Rethinking Body Property, Kara W. Swanson
Florida State University Law Review
Body products, including blood, gametes, and kidneys, are a routine part of contemporary medicine. They are also controversial. There is a strong preference for donated gifts, based on an intuition that gifts are pure, altruistic, and healthy, and that purchased products (commodities) are tainted, exploitative, and dangerous. Law and policy reflect this dichotomy, preventing market exchanges either by declaring body products non-property or banning sales by the supplying body. Yet with growing scarcity leading to injustice in the allocation and harvesting of body products, calls to allow sales have been increasing, motivating proposals to increase supplies by compensating bone marrow …
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Georgia Journal of International & Comparative Law
No abstract provided.
Memory And Punishment, O. Carter Snead
Memory And Punishment, O. Carter Snead
O. Carter Snead
This article is the first scholarly exploration of the implications of neurobiological memory modification for criminal law. Its point of entry is the fertile context of criminal punishment, in which memory plays a crucial role. Specifically, this article will argue that there is a deep relationship between memory and the foundational principles justifying how punishment should be distributed, including retributive justice, deterrence, incapacitation, rehabilitation, moral education, and restorative justice. For all such theoretical justifications, the questions of who and how much to punish are inextricably intertwined with how a crime is remembered - by the offender, by the sentencing authority, …
Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law
Newsroom: Horwitz On Marijuana Legalization 7/15/2016, John S. Kiernan, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The Current Scientific And Legal Status Of Alternative Methods To The Ld50 Test For Botulinum Neurotoxin Potency Testing, Sarah Adler, Gerd Bicker, Hans Bigalke, Christopher Bishop, Jörg Blümel, Dirk Dressler, Joan Fitzgerald, Frank Gessler, Heide Heuschen, Birgit Kegel, Andreas Luch, Catherine Milne, Andrew Pickett, Heidemarie Ratsch, Irmela Ruhdel, Dorothea Sesardic, Martin Stephens, Gerhard Stiens, Peter D. Thornton, René Thürmer, Martin Vey, Horst Spielmann, Barbara Grune, Manfred Liebsch
The Current Scientific And Legal Status Of Alternative Methods To The Ld50 Test For Botulinum Neurotoxin Potency Testing, Sarah Adler, Gerd Bicker, Hans Bigalke, Christopher Bishop, Jörg Blümel, Dirk Dressler, Joan Fitzgerald, Frank Gessler, Heide Heuschen, Birgit Kegel, Andreas Luch, Catherine Milne, Andrew Pickett, Heidemarie Ratsch, Irmela Ruhdel, Dorothea Sesardic, Martin Stephens, Gerhard Stiens, Peter D. Thornton, René Thürmer, Martin Vey, Horst Spielmann, Barbara Grune, Manfred Liebsch
Martin Stephens, PhD
No abstract provided.
Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete
Litigating Medical Device Premarket Classification Decisions For Small Businesses: Have The Courts Given The Fda Too Much Deference? The Case For Taking The Focus Off Of Efficacy, Stephanie P. Fekete
Catholic University Law Review
The manufacturing of innovative medical devices is important for the continued success and growth of the U.S. health care system and economy. The medical device industry is almost exclusively comprised of small businesses. The U.S. Food and Drug Administration (FDA) regulates the medical device industry and employs a rigorous approval process to determine when products may enter the market. While the FDA’s goal is to authorize the sale of innovative devices that are safe for patient use, device manufacturers argue that the process to obtain FDA approval is unnecessarily expensive, burdensome, and has systemic problems. As a result of the …
International Fisheries Regulation, John P. Rivers
International Fisheries Regulation, John P. Rivers
Georgia Journal of International & Comparative Law
No abstract provided.
Decline Of Dosage Regimen Patents In Light Of Emerging Next-Generation Dna Sequencing Technology And Possible Strategic Responses, Na An
Minnesota Journal of Law, Science & Technology
No abstract provided.
3d-Printed Food, Jasper L. Tran
3d-Printed Food, Jasper L. Tran
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Negative Effects Of Cumulative Abortion Regulations: Why The 5th Circuit Was Wrong In Upholding Regulations On Medication Abortions (Planned Parenthood Of Greater Texas Surgical Health Services V. Abbott), Benjamin A. Hooper
University of Cincinnati Law Review
No abstract provided.
Getting A Handle On Growler Laws, Adam Star
Getting A Handle On Growler Laws, Adam Star
Seattle University Law Review
This Note will begin with a brief general history of growlers in the United States and the benefits they provide to consumers, retailers, and small craft brewers. Part II will provide an overview of national alcohol distribution regulation and how the present growler law exists within this larger framework. To complete the necessary background information, Part III will provide context to the competitive landscape by way of an examination of the craft beer industry’s explosive growth. The substantive portion of the Note will follow in Part IV, beginning with an outline of the various key types of growler restrictions such …
It’S Time For The Fda To Define ‘Natural’, Jason J. Czarnezki
It’S Time For The Fda To Define ‘Natural’, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
The authors discusses the FDA 's recent call for comments on a definition of the term natural as it applies to food.
The Patented Medicines (Notice Of Compliance) Regulations: An Examination Of The Decision Making Patterns In These Cases At The Supreme Court Of Canada, Jason D. Newman
The Patented Medicines (Notice Of Compliance) Regulations: An Examination Of The Decision Making Patterns In These Cases At The Supreme Court Of Canada, Jason D. Newman
Electronic Thesis and Dissertation Repository
Abstract
Generic drug approval cases involving Canada’s Patented Medicines (Notice of Compliance) Regulations are adjudicated at the Federal Court through the judicial review process. The European Union alleges that this abbreviated process is unfair to litigants who hold patents on medicines, since it does not encompass all of the features of a trial, nor is it an actual suit for patent infringement. In addition, the process has unequal appeal rights for the patent holder and the patent challenger, where the generic challenger can appeal a decision at Federal Court, but the patent holder cannot.
When examining the pattern of decision …
The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt
The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt
Pace Law Review
This paper proceeds in five parts. First, I will give an overview of food allergies. The second section will discuss legal protections at the federal level, including the ADA and other specific federal laws that are aimed at food allergies. The third section will discuss legal protections at the state level, including state laws directed at school districts and state laws directed at restaurants. The fourth section will discuss actions by the private/non-profit sector. The final section of my paper will discuss further necessary legislative changes for people with food allergies.
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Recent Developments And Future Prospects Of The Common Market, Michael Waelbroeck
Georgia Journal of International & Comparative Law
No abstract provided.
Newsroom: Horwitz On Legalizing Marijuana 04-10-2016, Andrew Horwitz, Peter Kilmartin
Newsroom: Horwitz On Legalizing Marijuana 04-10-2016, Andrew Horwitz, Peter Kilmartin
Life of the Law School (1993- )
No abstract provided.
When Tuna Still Isn’T Always Tuna: Federal Food Safety Regulatory Regime Continues To Inadequately Address Seafood Fraud, Stephen Wagner
When Tuna Still Isn’T Always Tuna: Federal Food Safety Regulatory Regime Continues To Inadequately Address Seafood Fraud, Stephen Wagner
Ocean and Coastal Law Journal
In 2012 alone, Americans consumed approximately 4.5 billion pounds of seafood, over 90% of which was imported. Simply put, Americans eat a lot of seafood, with upwards of 500 different species available to satiate the demand. Consequently, imported and domestic seafood in the United States is a thriving 80.2 billion dollar market, with certain highly desired species of fish fetching steep prices.
One fundamental assumption of the consumer-driven market is that the label on the seafood correctly identifies the species of seafood, thereby, among other things, justifying the market price. It is increasingly clear, however, that this assumption is often …
Food Patents: The Unintended Consequences, Jay Dratler Jr.
Food Patents: The Unintended Consequences, Jay Dratler Jr.
Akron Intellectual Property Journal
This short paper explores the unintended consequences of this strong economic incentive. The underlying assumptions of patent law and its economic incentive are that innovation is good, and newer is better. But is that always so? Science and history suggest maybe not, for some very fundamental reasons. And there are reasons to believe that the risks of unintended consequences of innovation in food may be more hazardous than those in other fields of innovation.
Promoting Healthcare Innovation On The Demand Side, Rebecca S. Eisenberg, W. Nicholson Price
Promoting Healthcare Innovation On The Demand Side, Rebecca S. Eisenberg, W. Nicholson Price
Law & Economics Working Papers
Innovation policy often focuses on the incentives of firms that sell new products. But optimal use of healthcare products also requires good information about the likely effects of products in different patients, and it is hard to provide the right incentives for producers to develop and disclose information that could limit future sales. Regulation partially fills this gap by requiring sellers to conduct clinical trials and report adverse events. But it is inherently problematic to rely on producers to supply negative information about their own products. Healthcare payers, however, can profit from avoiding inappropriate use of costly technologies. Recent technological …
Give And Take-Back: Pharmaceutical Manufacturers Required To Dispose Of Drugs At Local Level, Allie Craver
Give And Take-Back: Pharmaceutical Manufacturers Required To Dispose Of Drugs At Local Level, Allie Craver
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.