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619 full-text articles. Page 1 of 14.

Everything Is Presumed In Texas, Benjamin Walther 2015 Shook, Hardy & Bacon L.L.P.

Everything Is Presumed In Texas, Benjamin Walther

Benjamin Walther

As this Article will reveal, the Fifth Circuit has traditionally been loath to apply the presumption against preemption in most cases. Texas courts, on the other hand, have consistently employed a particularly strong application of the presumption to all types of preemption cases. This inconsistency between these two jurisdictions creates an incentive for forum shopping. Generally, the courts rely on a defendant’s ability to remove a case to the federal courts to counteract the plaintiff’s exclusive power to decide the forum. This ability, however, is not available to a defendant within the context of preemption cases. As such ...


The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson 2014 Pfizer, Inc.

The Need For Adequate And Effective Protection Of Intellectual Property: Perspective Of The Private Sector - Patents, Peter C. Richardson

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Issues, Food Labeling, And Policies Related To Food Recovery, Nicole Civita 2014 University of Pennsylvania

Legal Issues, Food Labeling, And Policies Related To Food Recovery, Nicole Civita

The Last Food Mile Conference

Food recovery – diverting unused and unsalable food from the waste stream and donating it for higher and better uses – is a straightforward, easily implemented, and elegant way to address the fundamentally irreconcilable problems of food waste and food insecurity. Unfortunately, many food businesses hesitate to engage in food recovery because they erroneously believe it to be fraught with legal, practical, and reputational risks. Fortunately, there are robust, easy to understand, and consistent legal protections designed to facilitate food recovery across the United States.

The federal Bill Emerson Good Samaritan Food Donation Act exempts those who make good faith donations of ...


Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd 2014 Boston College Law School

Light, Smoke, And Fire: How State Law Can Provide Medical Marijuana Users Protection From Workplace Discrimination, Elizabeth Rodd

Boston College Law Review

Currently, twenty-three states and the District of Columbia have enacted legislation providing an affirmative defense to prosecution under state law for medical marijuana use by qualified patients. Despite growing public and legislative support for the legalization of medical marijuana, marijuana use—both recreational and medicinal—remains illegal under the federal Controlled Substances Act. Given the inconsistency between state and federal law concerning the legality of medicinal marijuana, there is significant uncertainty regarding the rights of employees to enjoy their new medical marijuana privileges. To date, courts have refused to grant protections to employees who have suffered adverse employment action for ...


The Rise Of The End User In Patent Litigation, Gaia Bernstein 2014 Seton Hall University School of Law

The Rise Of The End User In Patent Litigation, Gaia Bernstein

Boston College Law Review

The patent system focuses on the actions of two players: the patentee and its competitor. It assumes that the competitor will represent the interests of the end user. But, end users are increasingly becoming significant players in the patent system, with their interests sometimes diverging from those of competitors. Attention has recently turned to Patent Assertion Entities (“PAEs”)—also known as patent trolls—who are suing vast numbers of customers using patented technologies in their everyday businesses. Yet, end users were also principal players in some of the main recent patent cases before the U.S. Supreme Court. In Bowman ...


Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin 2014 Seattle University School of Law

Who's Swallowing The "Bitter Pill"?: Reforming Write-Offs In The State Of Washington, Lauren M. Martin

Seattle University Law Review

Washington’s application of the collateral source rule permits recovery for medical expenses that were never incurred and have no relationship to their market value. This application is set forth in Hayes v. Wieber Enterprises, Inc., where the plaintiff sued a restaurant for injuries she sustained from falling down the restaurant’s basement stairs. Why should the collateral source rule compel the defendant in Hayes to pay the original amount billed, $5,800, when the physician accepted $3,300 as payment in full? Is not $3,300 the reasonable or market value of the medical services provided to the plaintiff ...


The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo 2014 Nova Southeastern University

The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney E. Priolo

Courtney E Priolo

Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal ...


Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter 2014 California Western School of Law

Mutual Pharmaceutical Co. V. Bartlett: A Need For “Explicit” Congressional Action And State Tort Law Reform, Kara A. Ritter

Kara A Ritter

No abstract provided.


International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders 2014 University of Georgia School of Law

International Trade - Possible Undermining Of U.S. Pesticide And Food Safety Laws By The Draft Text Of The Uruguay Round Of Gatt Negotiations, Beth Sanders

Georgia Journal of International & Comparative Law

No abstract provided.


The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley 2014 The Catholic University of America, Columbus School of Law

The Jurisprudence Of Nature: The Importance Of Defining What Is "Natural", Jill M. Fraley

Catholic University Law Review

Informal regulations defining nature, natural, and organic have proliferated across diverse fields of law from patents to agriculture, from taxation to gemstones. The unwritten jurisprudence of defining nature is primarily a story of the struggle to isolate mankind’s manipulations and interventions, creating a man-nature dichotomy that frustrates more than it explicates. This failure to define nature continues with the Supreme Court’s recent Myriad decision, which struggles to define the law of nature exception to patentability, highlighting the challenge of measuring levels of human intervention and manipulation. Our dichotomous definitions do not generate neat, binary answers, but rather complicated ...


African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver 2014 University of Georgia School of Law

African Aids Crisis: Implications From The Rise Of Managed Care In South Africa, J. Christopher Driver

Georgia Journal of International & Comparative Law

No abstract provided.


Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget 2014 Seattle University School of Law

Cgmp Violations Should Not Be Used As A Basis For Fca Actions Absent Fraud, Kyle Faget

Seattle University Law Review

Since Congress amended the False Claims Act (FCA) in 1986, the statute has evolved into a seemingly boundless weapon for enforcing other statutes and regulations applicable to every industry that accepts any form of government funding. Use of the FCA by the Department of Justice (DOJ) and by private citizens bringing actions on behalf of the U.S. government to enforce other statutes and regulations is particularly evident in the field of health care. The FCA has been utilized in actions where the allegations include off-label promotion of drugs, kickbacks, and violations of current good manufacturing practices (cGMPs) by linking ...


World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman III 2014 University of Georgia School of Law

World Trade Organization Adjudication Of The European Union-United States Dispute Over The Moratorium On The Introduction Of New Genetically Modified Foods To The European Common Market: A Hypothetical Opinion Of The Dispute Panel, Charles W. Smitherman Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree 2014 University of Georgia School of Law

Raging Hormones: A Discussion Of The World Trade Organization's Decision In The European Union-United States Beef Dispute, George H. Rountree

Georgia Journal of International & Comparative Law

No abstract provided.


International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. McDonald 2014 University of Georgia School of Law

International Trade Law And The U.S.-Eu Gmo Debate: Can Africa Weather This Storm?, Michelle K. Mcdonald

Georgia Journal of International & Comparative Law

No abstract provided.


A Tale Of Two Appellations: A Comparative Study Of International Agreements And Prevailing Law Impacting The Availability Of Seasonal Employees For The Wine-Grape Harvest In California's Napa Valley And France's Bordeaux Appellation, Michael K. Edmonson 2014 University of Georgia School of Law

A Tale Of Two Appellations: A Comparative Study Of International Agreements And Prevailing Law Impacting The Availability Of Seasonal Employees For The Wine-Grape Harvest In California's Napa Valley And France's Bordeaux Appellation, Michael K. Edmonson

Georgia Journal of International & Comparative Law

No abstract provided.


"Where You Stand Depends On Where You Sit": Should The United States' Fda Have Followed The Lead Of Great Britain's Mhra In Banning Antidepressant Drug Use In Children And Adolescents?, Jennifer Dorminey 2014 University of Georgia School of Law

"Where You Stand Depends On Where You Sit": Should The United States' Fda Have Followed The Lead Of Great Britain's Mhra In Banning Antidepressant Drug Use In Children And Adolescents?, Jennifer Dorminey

Georgia Journal of International & Comparative Law

No abstract provided.


B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston 2014 University of Georgia School of Law

B.Y.O. Heroin: Will Canada Finally Recognize The Fundamental Rights Of Injection Drug Users By Providing Access To Safe Injection Facilities?, Robert Marston

Georgia Journal of International & Comparative Law

No abstract provided.


Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera 2014 University of Georgia School of Law

Beer, Liquor, Or A Little Bit Of Both? Getting To The Bottom Of Properly Classifying Flavored Malt Beverages In The United States And Australia, Bryan A. Schivera

Georgia Journal of International & Comparative Law

No abstract provided.


America's Political Prisoners, Ruben B. Botello JD 2014 SelectedWorks

America's Political Prisoners, Ruben B. Botello Jd

Ruben B Botello JD

America's political prisoners most often die behind bars because the U.S. government and its several states and territories have no intention of ever releasing them. These prisoners are usually the boldest and brightest adults from Minority communities, natural-born leaders with the greatest potential, to organize and inspire their people, to rise up en masse against the institutionalized racism that keeps their communities poor, exploited and oppressed.


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