Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, 2016 University of Missouri School of Law
Gras-Fed Americans: Sick Of Lax Regulation Of Food Additives, Martha Dragich
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 includes ...
Comment: Maryland State Bank: The Responsible Solution For Fostering The Growth Of Maryland's Medical Cannabis Program, 2016 University of Baltimore School of Law
Comment: Maryland State Bank: The Responsible Solution For Fostering The Growth Of Maryland's Medical Cannabis Program, David Bronfein
University of Baltimore Law Forum
In 2013, Maryland passed its initial medical cannabis law.1 Although seemingly a success in the medical cannabis reform movement, the law only allowed for “academic medical centers” to participate in the program.2 In essence, an academic medical center could dispense medical cannabis to patients who met the criteria for participation in their research program.3 The success of this type of program structure was a concern for medical cannabis advocates,4 and the concerns were validated when no academic medical centers decided to participate.5 As a result of this lackluster program, the General Assembly responded by passing ...
"Zoning" In On Maryland's Nascent Marijuana Industry, 2016 University of Baltimore School of Law
"Zoning" In On Maryland's Nascent Marijuana Industry, Matthew Mccomas
University of Baltimore Journal of Land and Development
Is green the new gold?1 Last year, the marijuana industry pulled in a whopping $2.4 billion.2 To put it in perspective that’s about 74% more than it did the year before.3 As of today, four states (Alaska, Colorado, Oregon, and Washington) and the District of Columbia have legalized recreational marijuana.4 But, more so, 23 states have decriminalized medical marijuana, including the State of Maryland in 2013.5
One of the most frequent legal issues in states with medical or recreational marijuana industries concerns where to locate marijuana distribution and production facilities.6 In Maryland ...
Tainted: Food, Identity, And The Search For Dignitary Redress, 2016 Brooklyn Law School
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 ...
Perpetual Twilight: How The Usda's Change To The Sunset Process Violates The Organic Foods Production Act Of 1990, Valentina Lumaj
Brooklyn Law Review
In 1990, Congress enacted the Organic Foods Production Act of 1990 (OFPA) in response to consumer and industry demands for uniform standards in organic production. The drafters recognized that the basic tenet of the legislation was that organic foods would be produced without the use of synthetic materials, but they left room for minimal exceptions in the National List of Allowed and Prohibited Substances (the National List). The National List enumerates the exemptions for synthetic substances, as well as prohibitions of natural substances, such as arsenic, in organic production. In September 2013, the USDA amended the Sunset Process, which is ...
The Uneasy Case For Food Safety Liability Insurance, 2016 Brooklyn Law School
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 ...
Breaking The Silence: The Veterinarian’S Duty To Report, 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.
E-Cigarette Regulation In China: The Road Ahead, 2016 University of Pennsylvania Law School
E-Cigarette Regulation In China: The Road Ahead, Eric A. Feldman, Chai Yue
The global electronic cigarette industry has exploded in the past decade—from $20 million in sales in 2008 to an estimated $7 billion in 2014—and China has been an essential part of that growth. As the world's largest consumer of combustible tobacco products, accounting for about one-third of the global market. China is also a prime contender to become the largest consumer of electronic cigarettes. These simple facts raise a critical question—what should the Chinese government do about regulating electronic cigarettes?
So far, the regulation of electronic cigarettes in China has attracted scant attention. This paper begins ...
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
The John Marshall 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.
Wiggle Room: Problems And Virtues Of The Inwood Standard, 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 ...
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 ...
The Art Of Food Placement: Will The U.S. Follow Germany's Lead In Copyrighting Artistic Food Placement?, 15 J. Marshall Rev. Intell. Prop. L. 565 (2016), Julianna Walo
The John Marshall Review of Intellectual Property Law
Recently, German courts created groundbreaking precedent allowing copyright protection for the artistic placement of food on a plate. The rulings allow chefs to prohibit people from taking pictures of the copyrighted food placement. While Germany’s moral-based legal system allows for such copyright protections, this comment compares the U.S. legal system to that of Germany and examines if and how such copyright protection could extend to food placement in the U.S.
Introducing Marijuana Law Into The Legal Writing Curriculum, 2016 University of Michigan Law School
Introducing Marijuana Law Into The Legal Writing Curriculum, Howard Bromberg, Mark K. Osbeck
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 ...
The Right To Regulate (Cooperatively), 2016 University of Colorado Law School
The Right To Regulate (Cooperatively), Alexia Brunet Marks
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 ...
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, 2015 Chapman University School of Law
Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan
Donald J. Kochan
Tainted: Food, Identity, And The Search For Dignitary Redress, 2015 Selected Works
Tainted: Food, Identity, And The Search For Dignitary Redress, Melissa D. Mortazavi
No abstract provided.
The Role Of States In Shaping The Legal Debate On Medical Marijuana, 2015 Nova Southeastern University - Shepard Broad Law Center
The Role Of States In Shaping The Legal Debate On Medical Marijuana, Florence Shu-Acquaye
Fear And Loathing In Colorado: Invoking The Supreme Court’S State-Controversy Jurisdiction To Challenge The Marijuana-Legalization Experiment, 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 ...
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, 2015 University of Michigan - Dearborn
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
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.