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 61 - 81 of 81
Full-Text Articles in Food and Drug Law
Wiggle Room: Problems And Virtues Of The Inwood Standard, Rian C. Dawson
Wiggle Room: Problems And Virtues Of The Inwood Standard, Rian C. Dawson
Indiana Law Journal
This Note investigates the origins of Inwood that led to the slim opinion with wide influence. It argues that the very vagueness for which scholars and practitioners have decried Inwood is the case's greatest virtue: Inwood provides a flexible standard that has allowed the common law to evolve and address new business models. Part I discusses the origins of contributory infringement in intellectual property. Part II investigates the Inwood case and the climate of trademark law at the time Inwood was litigated. It also dissects the majority opinion and Justice White's concurrance. Part III examines the Inwood standard's evolution at …
Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors
Public Policy Arguments For Enacting Kentucky's Cannabis Freedom Act, Amanda Goff Connors
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Food And Drug Administration Versus The Federal Trade Commission: Reconciling Their Interests In Regulating Homeopathic Products, 49 J. Marshall L. Rev. 1193 (2016), Jordannah Bangi
UIC Law Review
This Comment suggests that the FDA should require homeopathic products to carry a disclaimer label similar to those used on prescription drugs or certain food or food products.
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Aids Activists, Fda Regulation, And The Amendment Of America's Drug Constitution, Lewis Grossman
Articles in Law Reviews & Other Academic Journals
This Article explores how AIDS activists, desperate for access to potentially life-saving pharmaceuticals, permanently transformed America’s “drug constitution.” Their advocacy altered the FDA’s interpretation and application of the federal Food, Drug, and Cosmetic Act (FDCA) so as to expedite the availability of new, unproven drugs for critical illnesses, thus enhancing individual patients’ autonomy to make therapeutic choices without government interference.The FDCA is more than simple set of instructions to a federal agency — it is a source of vitally important and deeply entrenched institutional and normative frameworks. Like major civil rights, antitrust, and environmental statutes, the FDCA should be viewed …
Foreword: The Food Law Era, Nathan Cortez
Foreword: The Food Law Era, Nathan Cortez
SMU Science and Technology Law Review
No abstract provided.
A New Governance Recipe For Food Safety Regulation, Alexia Brunet Marks
A New Governance Recipe For Food Safety Regulation, Alexia Brunet Marks
Publications
Although food safety is a significant and increasing global health concern, international economic law does not adequately address today’s global food safety needs. While most countries rely on a collection of formalized legal rules to protect food safety, these rules too often fall short. As fiscal constraints impede raising the number of border inspections, formal international commitments (treaties) frequently limit governmental efforts to raise food safety standards. Private companies, meanwhile, can readily adopt higher standards to meet consumer demands and supply chain needs, thus demonstrating more nimbleness and flexibility in adopting the highest food safety standards available. Can countries learn …
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
Articles
Interest in marijuana law continues to grow, due in large part to the complicated and rapidly evolving landscape of marijuana laws in the United States. Nearly every day, newspapers report on new or proposed legislation and the legal controversies that have arisen with regard to this evolving landscape. There are now several marijuana-law blogs on the Internet, Congress is considering sweeping legislation that would essentially grant significant deference to the individual states, and public opinion continues to move in favor of increased legalization. For the last two years, Newsweek magazine has published special editions devoted exclusively to marijuana law and …
State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning
State Legalization Of Marijuana As A “Diagonal Federalism” Problem, Brannon P. Denning
FIU Law Review
No abstract provided.
Politically Correct Eugenics, Seema Mohapatra
Politically Correct Eugenics, Seema Mohapatra
Faculty Scholarship
No abstract provided.
The Right To Regulate (Cooperatively), Alexia Brunet Marks
The Right To Regulate (Cooperatively), Alexia Brunet Marks
Publications
The growing number of new technologies in food production— such as nanotechnology, genetic modification, animal cloning, and irradiation—are garnering different regulatory responses around the world. Based on their threshold for tolerating risk, countries are asserting their national right to regulate at home using labeling, quarantine, and outright bans on foods. But domestic regulation has its limits in a free trade environment. Countries that are not mindful of treaty obligations could face legal liability, as seen in the recent litigation between Uruguay and Philip Morris International. In short, traditional models of international regulatory cooperation (IRC) are failing to provide countries with …
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa Mortazavi
Brooklyn Law Review
The law recognizes a right to legal redress for exposure to food that is tainted in the sense of being toxic or poisonous, but what about exposure to food products individuals find socially, morally, or religiously repugnant? Jews eating “kosher” hot dogs containing standard non-kosher meats. Vegetarians fed beef. Muslims ingesting vitamins containing pork. Aren’t these food products also “tainted”? Despite the fact that the American legal system has long recognized the need to protect individual dignitary rights, the law provides little meaningful redress in these situations or other instances of offensive food taint. So why has food autonomy, an …
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
The Uneasy Case For Food Safety Liability Insurance, John Aloysius Cogan Jr.
Brooklyn Law Review
Foodborne illnesses sicken millions and kill thousands of Americans every year, leading many to conclude that our dysfunctional government food safety system, which still relies heavily on physical inspections of food and facilities, is incapable of protecting us. As a result, many now look to the private market for solutions to our food safety crisis. One private market approach, food safety liability insurance, is gaining popularity. This article examines the benefits and drawbacks to food safety liability insurance and raises doubts about its ability to improve food safety. The market for safe food is plagued by overwhelming information problems that …
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Off-Label Drug Marketing, The First Amendment, And Federalism, David Orentlicher
Scholarly Works
In this article, Professor Orentlicher explores free speech and federalism issues arising from FDA regulation of off-label uses and off-label marketing of drugs. In light of the FDA's desire to respect state government authority, together with other considerations discussed in this article, he argues for the rejection of the analysis of the Caronia court and to give the FDA significant leeway in its regulation of off-label marketing.
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance
Animal Sentience
Animals, like children and disabled elders, are not only the subjects of abuse, but they are unable to report and protect themselves from it. Veterinarians, like human physicians, are often the ones to become aware of the abuse and the only ones in a position to report it when their human clients are unwilling to do so. This creates a conflict between professional confidentiality to the client and the duty to protect the victim and facilitate prosecution when the law has been broken. I accordingly recommend that veterinarian associations make reporting of abuse mandatory.
Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, Martha Dragich
Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, Martha Dragich
Faculty Publications
Americans are “GRAS-fed” because of a “loophole” in the strict regime Congress provided for the regulation of food additives. Additives - and food products containing them - are exempt from this strict regime if they are accorded GRAS (Generally Recognized as Safe) status. The guidelines Congress provided for achieving that status by scientific evidence of safety are no longer observed. Most additives are determined by the producer alone to be GRAS. At the same time, Americans’ consumption of highly processed foods continues to rise, giving rise to long-term health problems that are increasingly tied to diet. The average American’s diet …
The Scope Of Preemption Under The 2009 Family Smoking Prevention And Tobacco Control Act, Sam F. Halabi
The Scope Of Preemption Under The 2009 Family Smoking Prevention And Tobacco Control Act, Sam F. Halabi
Faculty Publications
The 2009 Family Smoking Prevention and Tobacco Control Act endeavored to alter the regulatory regime for tobacco products in the United States by allocating authority to regulate tobacco products to the U.S. Food and Drug Administration (FDA). While the law aims at greater transparency in the constituent components of cigarettes and non-combustible tobacco products, it also includes a provision which will bring FDA’s consumer protection and tobacco control mandates into tension: Section 911’s process for the approval of modified risk tobacco products. That provision allows tobacco manufacturers to submit applications to label products as “reduc[ing] the harm or the risk …
Financing Local Food Factories, Stephen R. Miller
Towards A Human Right To Food: Implications For Urban Growing In Baltimore City, Maryland, Becky L. Witt
Towards A Human Right To Food: Implications For Urban Growing In Baltimore City, Maryland, Becky L. Witt
Fordham Urban Law Journal
No abstract provided.
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi
Melissa Mortazavi
No abstract provided.
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
Geographical Indications, Food Safety, And Sustainability Challenges And Opportunities, David A. Wirth
David A. Wirth
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan