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State and Local Government Law Commons

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Full-Text Articles in State and Local Government Law

Innovating Federalism In The Life Sciences, Myrisha S. Lewis Jan 2020

Innovating Federalism In The Life Sciences, Myrisha S. Lewis

Faculty Publications

This Article challenges the view that the US. Food and Drug Administration (FDA) has exclusive Jurisdiction over life sciences innovations. Many current and forthcoming life sciences innovations are "innovative therapies" such as gene editing, gene therapy, and regenerative stem cell treatments, which are actually "hybrids" of state and federal Jurisdiction. Thus, both state and federal Jurisdiction coexist: federal Jurisdiction exists to the extent that these medical innovations use drugs or biologics, but state Jurisdiction exists to the extent that these innovations are procedures regulated by states as the practice of medicine.

This Article argues that the regulation of numerous current …


California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel Feb 2018

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.