Liberty Lost: The Moral Case For Marijuana Law Reform, 2010 Suffolk University
Liberty Lost: The Moral Case For Marijuana Law Reform, Eric Blumenson, Eva Nilsen
Indiana Law Journal
Marijuana policy analyses typically focus on the relative costs and benefits of present policy and its feasible alternatives. This Essay addresses a prior, threshold issue: whether marijuana criminal laws abridge fundamental individual rights, and if so, whether there are grounds that justify doing so. Over 700, 000 people are arrested annually for simple marijuana possession, a small but significant proportion of the 100 million Americans who have committed the same crime. In this Essay, we present a civil libertarian case for repealing marijuana possession laws. We put forward two arguments corresponding to the two distinct liberty concerns implicated by laws ...
Volume 10 Issue 3, 2010 American University Washington College of Law
Volume 10 Issue 3, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, 2010 American University Washington College of Law
Livestock Animal Cloning: This Steak Is Giving Me Déjà Vu, Blake M. Mensing
Sustainable Development Law & Policy
No abstract provided.
Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, 2010 University of Richmond
Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa
Richmond Public Interest Law Review
In the recent landmark decision in Wyeth v. Levine, the Supreme Court put drug manufacturers on notice that they can and should be liable for state tort claims for the harm their products cause regardless of Federal Drug Administration ("FDA") approval of the drug's use and warning labels. Part II of this paper analyzes the history and background of federal preemption to give context to the current environment after Wyeth. Part III analyzes the Supreme Court's decision in Wyeth, holding that the FDCA and corresponding regulations do not preempt state tort claims. Finally, Part IV discusses and analyzes ...
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, 2010 University of Kentucky College of Law
The Impact Of Wyeth V. Levine On Fda Regulation Of Prescription Drugs, Richard C. Ausness
Law Faculty Scholarly Articles
On March 4, 2009, the United States Supreme Court decided Wyeth v. Levine. In that case, the Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act (FDCA). In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription ...
Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), 2010 John Marshall Law School
Deadly Delay / Postponed Pills, 10 J. Marshall Rev. Intell. Prop. L. 254 (2010), Christopher R. Walker
The John Marshall Review of Intellectual Property Law
Since 1984, generic pharmaceuticals have continued to grow, and are an important element in our national struggle to increase affordable health care options in the United States. The Hatch-Waxman Act has played a pivotal role in helping to create a regulatory environment that fosters the development of generic pharmaceuticals, thereby increasing access to lower-cost alternatives to more expensive drugs. An important part of balancing the interests of the generic manufacturers against those of the primary pharmaceutical makers is the thirty-month stay provision of the Hatch-Waxman Act. This comment begins by taking a look at the history of the Hatch-Waxman Act ...
How To Cut The Cheese: Homonymous Names Of Registered Geographic Indicators Of Foodstuffs In Regulation 510/2006, 2010 Boston College Law School
How To Cut The Cheese: Homonymous Names Of Registered Geographic Indicators Of Foodstuffs In Regulation 510/2006, Kaiko Shimura
Boston College International and Comparative Law Review
Since the 15th century, European states have sought to protect certain foodstuffs originating from a designated geographic location. When multilateral and bilateral agreements failed to establish sufficient protection amongst the European Community member states, the European Community sought to establish uniform standards of protection by adopting Regulation 2081/92 in 1992. While an important step in the harmonization of varying European state practices, Regulation 2081/92 failed to address the problem of names that are homonymous to registered, protected names. In 2006, the European Community attempted to address this issue in Regulation 510/2006. This Note explores the issue of ...
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, 2010 Georgia State University College of Law
From A Constitutional Right To A Policy Of Exceptions: Abigail Alliance And The Future Of Access To Experimental Therapy, Patricia J. Zettler, Seema K. Shah
Faculty Publications By Year
Although there has been considerable attention to the plight of terminally ill patients with highly sympathetic constitutional and contractual claims that they should be permitted access to unapproved drugs, courts have been appropriately reluctant to grant such claims. Congress and administrative agencies have the requisite institutional competence to decide complex policy issues related to science and health care such as those involved in establishing an expanded access program. Congress and FDA should allow only limited access to unapproved therapies because there are significant concerns about the safety and efficacy of unapproved drugs. Moreover, many of the proposals to widen access ...
We Can Work It Out: Co-Op Compulsory Licensing As The Way Forward In Improving Access To Anti-Retroviral Drugs, 2010 Elisabeth Haub School of Law at Pace University
We Can Work It Out: Co-Op Compulsory Licensing As The Way Forward In Improving Access To Anti-Retroviral Drugs, Horace E. Anderson
Pace Law Faculty Publications
This Article explores the social and developmental underpinnings of the access problem and describes the legal framework that provides the backdrop for the Waiver's licensing scheme. Part III examines the various lenses, humanitarian, economic, and political, through which the underutilization problem may be viewed and explained. Part IV sets out the structural heart of the Waiver scheme's deficiencies: the notion of the “compulsory” license itself. Part V posits a co-op scheme of licensing that aligns the concerns, goals, and incentives of IP owners, importers, exporters, and consumers. Finally, the Article relates the proposed scheme to more general trends ...
Bundling Public And Private Goods: The Market For Sustainable Organics, 2010 Elisabeth Haub School of Law at Pace University
Bundling Public And Private Goods: The Market For Sustainable Organics, Margot J. Pollans
Pace Law Faculty Publications
Modern agriculture has vast environmental externalities. The pesticides, fertilizers, and sediments in irrigation runoff pollute surface and groundwater; single-crop farms destroy biodiversity; and massive amounts of fossil fuels are burned in agricultural production, post-harvest processing, and shipping. Nevertheless, farming operations have largely escaped the post-1970 expansion of federal environmental regulation. Compounding the problem, federal farm policy has encouraged the very farming practices that most cause this degradation.
In 1990, Congress passed the Organic Foods Production Act (OFPA), which created an organic food certification and labeling system. While OFPA's primary purposes are to facilitate the growth of the organic sector ...
Between Starvation And Globalization: Realizing The Right To Food In India, 2010 Harvard Law School
Between Starvation And Globalization: Realizing The Right To Food In India, Lauren Birchfield, Jessica Corsi
Michigan Journal of International Law
This Article evaluates People's Union for Civil Liberties v. Union of India & Others (PUCL) through multiple lenses, examining: (1) the necessary factors that contributed to the success of the Public Interest Litigation (PIL) and its enforcement and (2) both the implications and limitations of PUCL as it relates to India's larger economic policy framework. We argue that the development and success of the PUCL litigation have depended in part on provisions of the Indian Constitution amenable to the incorporation and promotion of economic and social rights as well as on a unique relationship between civil society and judicial ...
A Case Study Of The New York City’S Trans-Fat Story For International Application., 2009 University of Pennsylvania
A Case Study Of The New York City’S Trans-Fat Story For International Application., Andy Tan
Andy SL Tan
Heart disease is the leading cause of death in New York City and contributes to significant burden of disease in the United States and internationally. Excessive intake of artificial trans-fatty acids has been causally associated with increased risk of heart disease. This article describes New York City's 2007 trans-fatty acids regulation, which was aimed at lowering the prevalence of heart disease among the city's residents by prohibiting the use of trans-fatty acids in the preparation of food in the city's food outlets. The author describes sequentially: (1) formulation, (2) public consultation, (3) implementation and (4) evaluation of ...
Medical Rights For Same-Sex Couples And Rainbow Families, 2009 Selected Works
Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty
No abstract provided.
The “California Effect” & The Future Of American Food: How California’S Growing Crackdown On Food & Agriculture Harms The State & The Nation, 2009 George Mason University Law School
The “California Effect” & The Future Of American Food: How California’S Growing Crackdown On Food & Agriculture Harms The State & The Nation, Baylen Linnekin
Baylen J. Linnekin
For several decades, California has served as the epicenter of the American food scene. California produces one-third of the nation’s food, is home to one in eight American consumers, and boasts a staggering 90,000 restaurants. California is also where eating trends are born, and where fast food, organic food, and Napa Valley wines became durable icons of American culinary culture.
The state’s place atop the national food chain, though, is in jeopardy. In recent years, California legislators have pursued regulations that negatively impact many important agricultural and culinary trends. State and local governments have banned or severely ...