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Reflexiones Con Respecto A La Política De La Dea , Y, De Antinarcóticos En América Latina®, Daniel Fernando Gomez Tamayo 2016 Selected Works

Reflexiones Con Respecto A La Política De La Dea , Y, De Antinarcóticos En América Latina®, Daniel Fernando Gomez Tamayo

Daniel Fernando Gómez Tamayo

Reflexiones con respecto a la ley 1696 de 2013 y  la  sentencia C 221 de 1991 que despenalizó la dosis personal, pues a juicio de estudiosos de las políticas públicas frente a las drogas consideran que el estado y las mafias deben conciliar sus intereses;  independiente del debate de la legalización o no;  es claro que  se debe realizar campañas educativas y preventivas para evitar que los adolescentes caigan en el flagelo de la drogadicción como consecuencia de la guerra. 


Reflexiones Con Respecto A La Política De La Dea , Y, De Antinarcóticos En América Latina®, Daniel Fernando Gomez Tamayo 2016 Selected Works

Reflexiones Con Respecto A La Política De La Dea , Y, De Antinarcóticos En América Latina®, Daniel Fernando Gomez Tamayo

Daniel Fernando Gómez Tamayo

Reflexiones con respecto a la ley 1696 de 2013 y  la  sentencia C 221 de 1991 que despenalizó la dosis personal, pues a juicio de estudiosos de las políticas públicas frente a las drogas: consideran que el gobierno colombiano y las mafias deben conciliar sus intereses para reducir el incremento de las politicas de exaccion fiscal o evitar un cobro injusto de impuestos a los pensionados; en todo caso, e  independiente del debate de la legalización o no;  es claro que  se debe realizar campañas educativas y preventivas para evitar que los adolescentes caigan en el flagelo de la drogadicción ...


An Unsealed Package: The Ninth Circuit Creates A Circuit Split When Interpreting Fda Regulations On Food Label Nutrient Content Claims In Reid V. Johnson & Johnson, Danielle M. Haikal 2016 Boston College Law School

An Unsealed Package: The Ninth Circuit Creates A Circuit Split When Interpreting Fda Regulations On Food Label Nutrient Content Claims In Reid V. Johnson & Johnson, Danielle M. Haikal

Boston College Law Review

On March 13, 2015, in Reid v. Johnson & Johnson, the U.S. Court of Appeals for the Ninth Circuit held that the statement “No Trans Fat” on the label of Benecol, a food that contains between 0 and 0.5 grams of trans fat, was not a permitted nutrient content claim. The court held that such a statement made on the label was false or misleading and was therefore not authorized by Food and Drug Administration (“FDA”) regulations. The court came to this conclusion despite the Third Circuit reaching the opposite conclusion in 2013, in Young v. Johnson & Johnson, regarding ...


The Insufficiency Of The Law Surrounding Food Allergies, Aimee Nienstadt 2016 Pace University School of Law

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 2016 University of Brussels

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 2016 Roger Williams University School of Law

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 2016 University of Maine School of Law

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 ...


Congress Puts The Usda’S Cool Enforcement On Ice, Golden Gate University School of Law 2016 Golden Gate University School of Law

Congress Puts The Usda’S Cool Enforcement On Ice, Golden Gate University School Of Law

GGU Law Review Blog

It is more important that Americans have safer food than to know if their steak is “single‑origin”. Especially in the wake of major E. coli outbreaks at mega chains like Chipotle, food safety in the United States should take priority over pseudo‑protectionist policymaking and food transparency.


A Potential Liability Scenario For "Non-Gmo" Labeling, David Wallace 2016 Herbert Smith Freehills New York LLP

A Potential Liability Scenario For "Non-Gmo" Labeling, David Wallace

David L Wallace

In this legal briefing, disputes partner David Wallace discusses a liability scenario that voluntary "non-GMO" labeling claims have the potential to spawn in the United States, which does not (yet) have a mandatory labeling regime, and best practices for mitigating that risk.


(Mis)Perceptions Of Law In Consumer Markets, Oren Bar-Gill, Kevin E. Davis 2016 Harvard Law School

(Mis)Perceptions Of Law In Consumer Markets, Oren Bar-Gill, Kevin E. Davis

New York University Law and Economics Working Papers

There are good reasons to believe that consumers’ behavior is sometimes influenced by systematic misperceptions of legal norms that govern product quality. Consumers might misperceive specific rules, such as those found in food safety regulations, as well as more general standards, such as the unconscionability doctrine or limitations on waivers of default substantive or procedural rights. When demand is affected by systematic misperceptions of legal norms, lawmakers may be able to maximize welfare by deviating from the legal standard that would be optimal in the absence of misperception. We use a formal model to characterize these optimal deviations under different ...


Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe 2016 University of Michigan Law School

Underbanked: Cooperative Banking As A Potential Solution To The Marijuana-Banking Problem, Patrick A. Tighe

Michigan Law Review

Numerous states have recently legalized recreational marijuana, which has created a burgeoning marijuana industry needing and demanding access to a variety of banking and financial services. Due, however, to the interplay between the federal criminalization of marijuana and federal anti-money laundering laws, U.S. financial institutions cannot handle legally the proceeds from marijuana activity. As a result, most financial institutions are unwilling to flout federal anti-money laundering laws, and so too few marijuana-related businesses can access banking services. This Note argues that the most viable policy option for resolving this “underbanking” problem is a financial cooperative approach such as a ...


Immortal Invasive Initiatives? The Need For A Genetic "Right To Be Forgotten", Thomas Hale-Kupiec 2016 University of Minnesota Law School

Immortal Invasive Initiatives? The Need For A Genetic "Right To Be Forgotten", Thomas Hale-Kupiec

Minnesota Journal of Law, Science & Technology

No abstract provided.


Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance 2016 Université du Québec à MOntréal

Breaking The Silence: The Veterinarian’S Duty To Report, Martine Lachance

Animal Sentience: An Interdisciplinary Journal on Animal Feeling

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.


Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States, 15 J. Marshall Rev. Intell. Prop. L. 228 (2016), Daria Kim 2016 John Marshall Law School

Protecting Trade Secrets Under International Investment Law: What Secrets Investors Should Not Tell States, 15 J. Marshall Rev. Intell. Prop. L. 228 (2016), Daria Kim

The John Marshall Review of Intellectual Property Law

The article addresses specifics of trade secret protection under international investment law. As a particular example, it analyzes protection of pharmaceutical regulatory data against the background of the growing public policy campaign for broader access to clinical trial data and the recent unprecedented practice of the European Medicines Agency of disclosing clinical dossiers submitted for drug marketing approval. Given the significant role of foreign direct investment in the global pharmaceutical industry and substantial, exponentially increasing costs incurred by drug originator companies in conducting clinical trials, the prospect of investor-state dispute over data disclosure does not appear purely hypothetical. The question ...


Wiggle Room: Problems And Virtues Of The Inwood Standard, Rian C. Dawson 2016 Maurer School of Law: Indiana University

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 ...


Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald Kochan 2015 Chapman University School of Law

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple ...


Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia Zettler 2015 Georgia State University College of Law

Regulating Drug Promotion To Promote The Public Health: A Response To Bennett, Et Al., Patricia Zettler

Patricia J. Zettler

No abstract provided.


Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad DeVeaux, Anne Mostad-Jensen 2015 Concordia University School of Law

Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, Chad Deveaux, Anne Mostad-Jensen

Boston College Law Review

This Article asserts that states may invoke the Supreme Court’s original jurisdiction to challenge marijuana legalization in Colorado. The State’s introduction of marijuana into interstate commerce has reawakened a long-dormant body of constitutional law dealing with transboundary nuisance disputes between states. In making this argument, we distinguish our theory from the complaint lodged by Nebraska and Oklahoma with the Supreme Court. Nebraska and Oklahoma seek to enforce the Supremacy Clause of the U.S. Constitution, contending that Colorado’s venture violates the federal Controlled Substances Act. In contrast, we assert that the Court should award damages to a ...


Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black 2015 DePaul University

Keep Out Fda: Food Manufacturers' Ability To Effectively Self-Regulate Front-Of-Package Food Labeling, Ellen A. Black

DePaul Journal of Health Care Law

No abstract provided.


The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey Grass 2015 Selected Works

The Medicine Shoppe V. Loretta Lynch: Pharmacists’ Corresponding Responsibility With Physicians Under Dea Interpretation Of The “Legitimate Medical Purpose” Standard, Jeffrey Grass

Jeffrey C Grass Esq.

The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment ...


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